Source: All England Reporter
Publisher Citation: [2008] All ER (D) 53 (Jan)
Court: Court of Appeal, Criminal Division
Judge:

Moses LJ, Royce J and the Recorder of London

Representation Matthew Barnes (assigned by the Registrar of Criminal Appeals) for the defendant.
  Michael Burrows (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 17 January 2008

Catchwords

Sentence - Imprisonment - Length of sentence - Manslaughter - Defendant pulling deceased down stairs - Defendant pleading guilty to manslaughter - Sentence of two-and-a-half years' imprisonment imposed - Whether sentence manifestly excessive.

The Case

The defendant's appeal against a sentence of two-and-a-half years' imprisonment following his plea of guilty to manslaughter, he having pulled a man down some stairs, would be allowed. In the instant case, the sentence of two-and-a-half years' imprisonment on a plea was too long. Bearing in mind the guilty plea and the defendant's progress in custody, the correct sentence was one of 18 months' imprisonment. Accordingly, the sentence of two-and-a-half years' imprisonment would be quashed and substituted by a sentence of 18 months' imprisonment.

If you are a LexisLibrary subscriber you can read more about this case here.