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England and Wales Court of Appeal (Criminal Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Criminal Division) Decisions >> Broadhurst, R. v  EWCA Crim 2026 (14 November 2019)
Cite as:  EWCA Crim 2026
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B e f o r e :
MR JUSTICE WARBY
HER HONOUR JUDGE MUNRO QC
(Sitting as a Judge of the Court of Appeal Criminal Division)
|R E G I N A|
|- v -|
|JOHN ANTHONY BROADHURST|
Lower Ground, 18-22 Furnival Street, London EC4A 1JS
Tel No: 020 7404 1400; Email: email@example.com (Official Shorthand Writers to the Court)
Crown Copyright ©
LORD JUSTICE HOLROYDE:
"Even if I am wrong about that and these injuries were not unlawfully inflicted, beating her in the way that you did, in the condition that she was in, so as to cause injury, lawful or not, is not something which I can properly leave out of account in determining the proper sentence. To do so would, it seems to me, ignore a cogent factor."
"… yet you left her and went to bed. Your plea is an admission that you left that badly injured young woman to die in the saddest and most avoidable of circumstances."
"Category C of the guidelines applies to those cases where the offender's culpability falls between the factors as described in the high category, category B, and the lower category, category D. In my judgment, that is the situation here. Your case is not clearly within category B, but I do not accept the submission that this is a category D case. You were very significantly responsible for causing or permitting Natalie to get into the position whereby she needed medical help which you failed to summon in circumstances where her need for help was obvious.
The features of this case that I have identified and the two criteria I have discussed, to which I have had measured regard, mean that your case is properly placed towards the upper end of category C."