Attorney General's Reference No. 57 OF 2005 [2005] EWCA Crim 2191 (03 August 2005)
The sentence of two years' imprisonment was unduly lenient given the aggravating features and previous convictions; however, in the interests of justice and considering the offender's youth and the fact he has faced sentencing twice, the court declines to increase the sentence.
- Citation
- [2005] EWCA Crim 2191
- Parties
- Applicant: Attorney General; Offender: Steven Sheargold
- Jurisdiction
- England and Wales
- Judgment Date
- 03 August 2005
- Procedural Posture
- Attorney General's Reference (criminal) / Appeal Against Sentence Under S.36 Criminal Justice Act 1988
- Outcome
- Sentence held to be unduly lenient but not increased.
- Legal Topics
- Manslaughter, Sentencing, Unduly Lenient Sentences, One Punch Manslaughter
Case Brief
Summary, issues, holding and outcome
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Parties
Attorney General
Applicant
Steven Sheargold
Offender
Procedural Posture
Attorney General's Reference (criminal) / Appeal Against Sentence Under S.36 Criminal Justice Act 1988
Legal Issues
- 1 Whether the sentence of two years' imprisonment for manslaughter was unduly lenient
- 2 Appropriate sentencing range for 'one punch manslaughter' with aggravating features
Ratio Decidendi
The sentence of two years' imprisonment was unduly lenient given the aggravating features and previous convictions; however, in the interests of justice and considering the offender's youth and the fact he has faced sentencing twice, the court declines to increase the sentence.
Court Disposition
Sentence held to be unduly lenient but not increased.
Orders
- Leave to refer granted.
- Sentence not increased.
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