R v Bottarelli (Appellant)

Case summary

Case ID

UKSC/2026/0090

Parties

Appellant(s)

Matteo Bottarelli

Respondent(s)

R

Issue

In a trial for the offence of attempted murder in which the defendant, who was voluntarily intoxicated on drugs, admits that he was able to form and had formed the specific intent necessary for the offence of causing grievous bodily harm with intent, must the judge direct the jury on the effect of voluntary intoxication in accordance with R v Sheehan & Moore (1975) 1 WLR 739?

Facts

This appeal concerns the question of the circumstances in which a trial judge is required to direct the jury on the effect of voluntary intoxication in accordance with the case of R v. Sheehan & Moore [1975] 1 WLR 739 (“Sheehan & Moore”). The appellant, Mr Bottarelli, was convicted of two counts of attempted murder in relation to attacks on work colleagues on 21 June 2023, perpetrated whilst he was heavily intoxicated by heroin and cocaine. He denied intending to kill the victims but accepted that, at the time of attacking each of them, he meant to hurt them badly, as he was emotionally distraught and affected by drugs he had consumed. However, he was aware of what he was doing and formed the intent for the offences he pleaded guilty to. Mr Bottarelli was convicted at the close of a trial on 12 to 21 February 2024. He was sentenced to 30 years’ imprisonment on 30 April 2024. Mr Bottarelli appealed against conviction on the ground that the trial judge failed adequately to direct the jury in relation to the effect of voluntary intoxication in the context of an offence of specific intent in accordance with the precedent case of Sheehan & Moore. Leave to appeal was granted by the full court of the Court of Appeal. The Court of Appeal dismissed Mr Bottarelli’s appeal on 5 March 2026. It held that the trial judge was not required to give a direction on the effect of voluntary intoxication. The appeal was dismissed on the basis that in light of the appellant’s acceptance that he had intended to cause really serious bodily harm, there was no evidence of an inability to form the intent required for attempted murder, and that the convictions were not unsafe. Mr Bottarelli appeals to the Supreme Court.

Date of issue

2 July 2026

Case origin

PTA

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