Blackman, R. v

Blackman, R. v

The appropriate determinate sentence for manslaughter by reason of diminished responsibility, taking into account aggravating and mitigating factors, is 7 years imprisonment and dismissal from service, without disgrace; reduction for guilty plea is not warranted as appellant never indicated willingness to plead guilty and only admitted intention to kill at appeal stage.

Parties
Respondent: Regina; Appellant: Alexander Wayne Blackman
Jurisdiction
England and Wales
Judgment Date
28 March 2017
Procedural Posture
Criminal Appeal / Sentencing After Conviction Quashed and Substituted for Manslaughter by Reason of Diminished Responsibility
Outcome
Conviction for murder quashed; substituted conviction for manslaughter by reason of diminished responsibility; appellant sentenced to 7 years imprisonment and dismissed from service without disgrace.
Legal Topics
Manslaughter by Diminished Responsibility, Sentencing, Dismissal From Service
Criminal Law Military Law Manslaughter by Diminished Responsibility Sentencing Dismissal From Service

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Regina

Respondent

Alexander Wayne Blackman

Appellant

Procedural Posture

Criminal Appeal / Sentencing After Conviction Quashed and Substituted for Manslaughter by Reason of Diminished Responsibility

Legal Issues

  1. 1 Appropriate determinate sentence for manslaughter by reason of diminished responsibility
  2. 2 Whether dismissal from service should be ordered and if so, with or without disgrace
  3. 3 Consideration of aggravating and mitigating factors

Ratio Decidendi

The appropriate determinate sentence for manslaughter by reason of diminished responsibility, taking into account aggravating and mitigating factors, is 7 years imprisonment and dismissal from service, without disgrace; reduction for guilty plea is not warranted as appellant never indicated willingness to plead guilty and only admitted intention to kill at appeal stage.

Court Disposition

Conviction for murder quashed; substituted conviction for manslaughter by reason of diminished responsibility; appellant sentenced to 7 years imprisonment and dismissed from service without disgrace.

Orders

  • Appellant be dismissed from the service.
  • Appellant serve a determinate sentence of 7 years imprisonment.