Timothy Brehmer appeal: Judgement to be handed down at later date

Brehmer, 41 and of Hordle, New Forest, is bidding to have his sentence of 10 years and six months imprisonment for the manslaughter of his long-term lover Claire Parry reduced.

Meanwhile, at the same hearing, the case was made on behalf of the Attorney General for his term of imprisonment to be extended.

Brehmer killed 41-year-old mother-of-two Mrs Parry at the Horns Inn pub car park in West Parley in May last year after she revealed their affair to his wife by sending a text message to her on his phone.

Following his murder acquittal at Salisbury Crown Court in October 2020, the ex-Dorset Police constable was sentenced by judge Mr Justice Richard Jacobs on the basis of manslaughter by "loss of control".

Timothy Brehmer was a police constable with Dorset Police

Much of the Court of Appeal hearing concerned this conclusion that had been reached by the judge, with submissions from Brehmer's counsel that it was in fact a case of unlawful act manslaughter, which prescribe lower sentences.

Three senior judges, including the head of the judiciary of England and Wales, heard from Timothy Cray QC, who was counsel for the Attorney General, and Jo Martin QC who appeared on behalf of Brehmer.

Brehmer had been due to attend the hearing remotely from custody, however, due to technical issues this was not possible.

• Read more: Timothy Brehmer - What happened in the killer's case and why is there an appeal?
• Read more: Jury acquit Dorset Police officer of murder following two week trial

Ms Martin QC told the court she had been given instructions from her client, who had said he was willing for the hearing to proceed if he was not able to connect via video.

Mr Cray QC told the court that the Mr Justice Jacobs correctly found Brehmer lost control but did not follow through with that fully when passing the sentence.

The barrister submitted that Brehmer was "highly culpable".

He said: “We say that the overall seriousness of this case was artificially minimised.”

The offence was "very close to murder", said Mr Cray QC, adding that the sentence that had been given risked "lowering public confidence".

Ms Martin QC said that loss of control was "very much a footnote" during the murder trial. She told the court there were issues that were ignored by Mr Justice Jacobs as he finalised his judgement.

Martin QC, representing Brehmer, said Mr Justice Jacobs was wrong to sentence him on the basis that he lost control.

In written submissions before the court, she said: “The only possible interpretation of the jury’s verdict, in line with the evidence that the jury had heard, and the way both sides put their cases, along with the speed at which the jury had reached their verdict in a very high profile and emotive case, was that the defendant lacked any intent to kill or do serious bodily harm.

“If that is correct, it follows the judge should have sentenced on that basis.”

She said that, even if that was wrong and it was a “possible interpretation” of the jury’s verdict that Brehmer had lost control, the judge would have to have been sure the jury had not found that he lacked an intent to kill Mrs Parry in order to sentence on the basis he did.

Brehmer's counsel said the Attorney General was suggesting a sentencing category that does not exist in relation to "loss of control" manslaughter.

"If the court are considering multiple factors within the high culpability range then the argument of the Attorney General may have more merit, but in this case the argument simply shouldn't and cannot apply," says Ms Martin QC.

Ms Martin QC said even if Brehmer had a momentary intention, he had no desire to hurt Mrs Parry and his actions in the half hour after the incident were of a man in shock.

The Court of Appeal hearing in London, which lasted just over an over, was before Lord Burnett, who is the Lord Chief Justice of England and Wales, Lord Justice Holroyde and Mrs Justice Lambert.

Following a brief adjournment, the Lord Chief Justice thanked both Mr Cray QC and Ms Martin QC for their submissions before confirming that a judgement would be handed down at a later date.

Members of Mrs Parry's family were in court, while others followed proceedings via video link.

• Read more: He has robbed our children of a million hugs and kisses from their mummy'

Claire Parry

Details of the incident and victim impact statements were not covered during the hearing, but findings from the trial make up part of the papers being considered by the Court of Appeal judges.

Before the conclusion of today's hearing, the Lord Chief Justice said: "It is sometimes very difficult to observe legal process which might appear to leave aside some of the very personal matters this case involves.

"We extend our sympathies to the family."