R v Brougham (No 2)

The appellant, R v Brougham (No 2), appealed against a sentence imposed by a sentencing judge. The appeal concerned the sentencing for a charge of manslaughter. The appellant argued that the sentence was manifestly excessive, that the sentencing judge erred in finding that the appellant left the victim and that this was an aggravating feature, and that insufficient regard was given to an early offer to plead guilty to manslaughter.

The legal issues before the court were whether the sentence imposed was manifestly excessive, and whether the appellant's conduct after the death of the victim, specifically leaving the victim and failing to seek assistance, constituted an aggravating factor for sentencing purposes. The court also considered the weight to be given to an early offer to plead guilty, particularly when that offer was made in conjunction with attempts to mislead authorities.

The court affirmed the principle that conduct occurring after the commission of a crime can be considered an aggravating circumstance if it is so connected with the crime as to be properly viewed as one of its circumstances. The judges reasoned that leaving a severely injured victim without seeking assistance, and attempting to conceal involvement, are relevant considerations in sentencing. They distinguished this from an early plea of guilty, noting that an offer to cooperate with authorities must be an offer to give truthful evidence and that courts will not reward attempts to deceive by falsifying the role of others. The court found that the appellant's conduct of leaving the victim and failing to seek help was a relevant factor that aggravated the offence.

The appeal against sentence was dismissed.