Source: All England Reporter
Publisher Citation: [2008] All ER (D) 428 (Jun)
Neutral Citation: [2008] EWCA Crim 896
Court: Court of Appeal, Criminal Division
Judge:

Lord Phillips of Worth Travers CJ, Wilkie and Openshaw JJ
Representation Jamie Adams (assigned by the Registrar of Criminal Appeals) for the defendant.
  Penelope Moreland (instructed by the Crown Prosecution Service) for the prosecution.
Judgment Dates: 9 April 2008

Catchwords

Sentence - Imprisonment - Length of sentence - Manslaughter - 'One-punch' manslaughter - Defendant sentenced to three years' imprisonment - Whether sentence manifestly excessive.

The Case

Sentence Imprisonment. In cases of manslaughter resulting from a single blow, where there was a guilty plea and no aggravating circumstances, a sentence of 12 months' imprisonment was the starting point. However, where there were aggravating circumstances, an appropriate sentence could rise as high as four years, depending on the particular facts. In the instant case, the defendant's appeal against sentence was dismissed in circumstances where although the sentence of three years' imprisonment had been at the top end of the scale, it was by no means outside the bracket of what the authorities had indicated as appropriate.

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