McFarlane, R. v [2022] EWCA Crim 1104 (22 July 2022)

McFarlane, R. v [2022] EWCA Crim 1104 (22 July 2022)

The original sentence was unduly lenient because the judge wrongly categorised the offence as category D based solely on the offender's belief he was defending another, without sufficient adjustment for the grossly disproportionate and unjustified violence. The correct approach was to start at category C, adjust for the misguided belief, and then for aggravating and mitigating features, resulting in a post-plea sentence of 44 months' imprisonment.

Citation
[2022] EWCA Crim 1104
Parties
Prosecution: Regina; Offender: Jake Liam McFarlane
Jurisdiction
England and Wales
Judgment Date
22 July 2022
Procedural Posture
Attorney General's Reference (criminal) / Appeal Against Sentence Under Section 36 of the Criminal Justice Act 1988
Outcome
Appeal allowed; sentence increased
Legal Topics
Manslaughter, Possession With Intent to Supply Class a Drugs, Sentencing, Unduly Lenient Sentence, Attorney General's Reference
Criminal Law Manslaughter Possession With Intent to Supply Class a Drugs Sentencing Unduly Lenient Sentence Attorney General's Reference

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Parties

Regina

Prosecution

Jake Liam McFarlane

Offender

Procedural Posture

Attorney General's Reference (criminal) / Appeal Against Sentence Under Section 36 of the Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentence for manslaughter was unduly lenient
  2. 2 Proper categorisation of the manslaughter offence under sentencing guidelines

Ratio Decidendi

The original sentence was unduly lenient because the judge wrongly categorised the offence as category D based solely on the offender's belief he was defending another, without sufficient adjustment for the grossly disproportionate and unjustified violence. The correct approach was to start at category C, adjust for the misguided belief, and then for aggravating and mitigating features, resulting in a post-plea sentence of 44 months' imprisonment.

Court Disposition

Appeal allowed; sentence increased

Orders

  • Sentence of 24 months' imprisonment for manslaughter quashed and substituted with 44 months' imprisonment
  • All other aspects of the sentence remain as before