R v Jamie Malcolm Martin Russell
[2023] EWCA Crim 1080
R v Philip Burdett
9 February 2023
[2023] EWCA Crim 200
Court of Appeal
A man was convicted of killing his sister by neglecting her terribly for weeks while she lay ill and dying on the floor. He didn't get her help because she didn't want to go to hospital. The judge gave him 3 years in prison, and the appeal court agreed that was fair.
Key Facts
- •Philip Burdett was convicted of manslaughter by gross negligence of his sister, Julie Burdett.
- •Julie Burdett suffered from multiple sclerosis and was immobile, living in squalid conditions with her father and brother.
- •Julie Burdett was found dead on her bedroom floor, emaciated, covered in ulcers, and surrounded by her own waste.
- •The appellant admitted to leaving his sister on the floor for at least two weeks, failing to seek medical help due to her wishes.
- •The prosecution argued gross negligence in causing malnourishment, failing to move her, inadequate cleaning, excessive painkillers, and failure to seek help.
- •The appellant had no prior convictions but struggled with basic living skills and mental health issues.
- •The judge considered the Sentencing Council's guideline for gross negligence manslaughter.
Legal Principles
Sentencing Council's definitive guideline for offences of gross negligence manslaughter.
Sentencing Council's guideline
Outcomes
Appeal against sentence dismissed.
The judge correctly categorized the offence as medium culpability, considering the duration and severity of neglect, despite the appellant's mental health issues and the sister's wishes. The failure to provide care after death became inevitable was considered an aggravating factor.