| Source: | All England Reporter |
| Publisher Citation: | [2008] All ER (D) 321 (Jun) |
| Neutral Citation: | [2008] EWCA Crim 902 |
| Court: | Court of Appeal, Criminal Division |
| Judge: | Moore-Bick LJ, Openshaw J and Sir Richard Curtis |
| Representation | Rodney Jameson QC (assigned by the Registrar of Criminal Appeals) for the defendant. |
| James Goss QC (instructed by the Crown Prosecution Service) for the Crown. | |
| Judgment Dates: | 3 April 2008 |
Catchwords
Sentence - Detention - Length of sentence - Defendant pleading guilty to offence of manslaughter in circumstances where victim stabbed during course of confrontation - Judge imposing sentence of four-and-a-half years' detention - Whether sentence manifestly excessive.
The Case
Sentence Detention. The carrying of knives was increasingly widespread and gave rise to a very grave risk of death or serious injury when brandished in the course of confrontations. For that reason, where death or serious injury resulted, judges could be expected to pass heavy sentences, not only to mark the gravity of the offence, but also to deter others minded to act in a similar manner. In the instant case, a sentence of four-and-a-half years' detention while severe was not manifestly excessive. Accordingly, the defendant's appeal against sentence was dismissed.
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