||All England Reporter
|| All ER (D) 53 (Jan)
||Court of Appeal, Criminal Division
Moses LJ, Royce J and the Recorder of London
||Matthew Barnes (assigned by the Registrar of Criminal Appeals) for the defendant.
||Michael Burrows (instructed by the Crown Prosecution Service) for the Crown.
||17 January 2008
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 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.
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