R v Philip Burdett
[2023] EWCA Crim 200
R v Jamie Malcolm Martin Russell
30 August 2023
[2023] EWCA Crim 1080
Court of Appeal
A man was sent to prison for not reporting that his friend died in his flat. The judge originally gave him two years but the appeal court said he should only get one year because he didn't actively hide the body and is now doing better. While it's still serious to not report a death, this wasn't as bad as some similar crimes where people tried to hide the body more.
Key Facts
- •Jamie Malcolm Martin Russell pleaded guilty to preventing the lawful burial of a dead body.
- •The deceased, Matthew Scott, was found in Russell's flat after being dead for 18-21 days.
- •Russell had a history of drug and alcohol abuse and had stopped taking prescribed medication for anxiety and depression.
- •Russell failed to report Scott's death to the authorities.
- •Russell's actions caused significant distress to Scott's family.
- •Since the offense, Russell had made positive changes, including engaging with drug and alcohol rehabilitation and mental health services.
Legal Principles
Preventing a lawful and decent burial is a serious offense requiring a custodial sentence, except in exceptional circumstances.
Various cases cited, including R v. Parry and McLean, R v. King, R v. Peddar
Intentionally obstructing an investigation into an unnatural death aggravates the offense.
R v. Godward
Deliberate concealment of a body leads to harsher sentences than passive failure to report a death.
Cases cited including R v. Hunter, R v. Swindell, R v. Parry and McLean
Sentencing should consider factors such as the length of time the body remained undiscovered, conduct affecting discovery, and impact on family.
Various cases cited
Outcomes
The original sentence of two years' imprisonment was quashed.
The judge erred in using an inappropriately high starting point for sentencing, failing to consider relevant case law (R v. King and R v. Peddar). The court found the appropriate custodial sentence after trial would have been 18 months, reduced to 12 months with credit for the guilty plea.
A sentence of 12 months' imprisonment was substituted.
The court considered the aggravating factors (failure to report, impact on family) and mitigating factors (Russell's vulnerability, remorse, and positive steps towards rehabilitation). While the positive changes were noted, the seriousness of the offense warranted immediate imprisonment.