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R v Pauline Caster

[2023] EWCA Crim 931
A woman was sentenced for killing her husband who had taken a fatal overdose of drugs; she also assaulted him. Although the judge gave a lenient sentence, the appeals court agreed the mitigating factors (her mental health, his impending death, etc.) meant the sentence wasn't *too* lenient and so they kept it.

Key Facts

  • Pauline Caster pleaded guilty to the murder of her husband, Kevin Caster, on the third day of her trial.
  • The murder occurred after a volatile argument, during which Mrs. Caster suspected her husband of infidelity.
  • CCTV footage showed Mrs. Caster repeatedly stamping and kicking her husband while he was on the floor.
  • Mr. Caster had ingested a large amount of Lamotrigine and other drugs, which contributed to his death.
  • Medical evidence indicated Mr. Caster would have died later that evening even without the assault, but the assault materially accelerated his death.
  • Mrs. Caster had a history of mental health issues and a toxic relationship with her husband, marked by mutual low-level violence and drug abuse.
  • She received a life sentence with a minimum term of 7 years and 3 months, less time spent on remand.

Legal Principles

Sentencing for murder involves considering aggravating and mitigating factors and applying appropriate discounts for guilty pleas.

Sentencing Act

The court must consider all relevant circumstances, including the defendant's mental state and the relationship between the victim and the defendant.

Case law (implied)

While mercy killings are relevant, this was not such a case.

R v Inglis [2010] EWCA Crim 2637

Outcomes

The Attorney General's application to refer the sentence as unduly lenient was granted, but the court did not alter the sentence.

While the court found the sentence lenient, it concluded that the judge was entitled to consider the mitigating factors, including the lack of intention to kill, the husband's pre-existing condition, and Mrs. Caster's mental health issues.

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