Source: All England Reporter
Publisher Citation: [2005] All ER (D) 109 (Apr)
Court: Court of Appeal, Criminal Division

Auld LJ, David Owen and Hedley JJ

Representation Karim Khalil QC (assigned by the Registrar for Criminal Appeals) for the defendant.
  Christopher Donnellan (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 12 April 2005


Sentencing - Manslaughter - Custodial sentence - Diminished responsibility - Length of sentence manifestly excessive.

The Case

In the circumstances of the instant case, where the defendant had pleaded guilty to manslaughter by reason of diminished responsibility, a greater than normal reduction to that which might normally be allowed on account of the defendant's guilty plea should have been given. The appropriate sentence had been that of four-and-a-half years' detention. The sentence of six years would be quashed.

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