| Source: | All England Reporter |
| Publisher Citation: | [2010] All ER (D) 70 (Jan) |
| Neutral Citation: | [2010] EWCA Crim 54 |
| Court: | Court of Appeal, Criminal Division |
| Judge: | Pill LJ, Bennett and Field JJ (judgment delivered extempore) |
| Representation | John McDermott QC (assigned by the Registrar of Criminal Appeals) for the defendant. |
| Rhys Rowlands (instructed by the Crown Prosecution Service) for the Crown. | |
| Judgment Dates: | 15 January 2010 |
Catchwords
Sentence - Imprisonment - Length of sentence - Manslaughter - Defendant being sentenced to imprisonment for public protection with specified term of five years - Whether judge erring in imposing imprisonment for public protection.
The Case
Sentence Imprisonment. The Court of Appeal, Criminal Division, quashed the defendant's sentence of imprisonment for public protection with a specified term of five years for a conviction of manslaughter and substituted it with a determinate sentence of five years' imprisonment, in circumstances where the defendant had used excessive self defence by stabbing the defendant.
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