Carbon, R v

Carbon, R v

The sentence of five years' imprisonment for manslaughter was unduly lenient given the deliberate use of a dangerous weapon, the seriousness of the violence, the lack of remorse, and the offender's previous convictions. The appropriate sentence is eight years' imprisonment.

Parties
Applicant: Attorney General; Respondent/offender: Ulysses Carbon
Jurisdiction
England and Wales
Judgment Date
11 June 2009
Procedural Posture
Criminal Appeal / Attorney General's Reference Under Section 36 of the Criminal Justice Act 1988; Review of Sentence for Manslaughter
Outcome
Sentence increased
Legal Topics
Manslaughter, Sentencing, Attorney General's Reference, Unduly Lenient Sentence
Criminal Law Manslaughter Sentencing Attorney General's Reference Unduly Lenient Sentence

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Parties

Attorney General

Applicant

Ulysses Carbon

Respondent/offender

Procedural Posture

Criminal Appeal / Attorney General's Reference Under Section 36 of the Criminal Justice Act 1988; Review of Sentence for Manslaughter

Legal Issues

  1. 1 Whether the sentence imposed for manslaughter was unduly lenient and should be increased

Ratio Decidendi

The sentence of five years' imprisonment for manslaughter was unduly lenient given the deliberate use of a dangerous weapon, the seriousness of the violence, the lack of remorse, and the offender's previous convictions. The appropriate sentence is eight years' imprisonment.

Court Disposition

Sentence increased

Orders

  • The sentence of five years' imprisonment is quashed.
  • A sentence of eight years' imprisonment is imposed.