Taiwo, R v

Taiwo, R v

The sentence was unduly lenient because the facts demonstrated high culpability: the offender returned to the scene intent on violence, delivered a forceful punch from behind to an unsuspecting victim, causing death within seconds. The case fell within category B of the guideline. The appropriate sentence, after considering aggravating and mitigating factors and credit for guilty plea, was seven years and two months' imprisonment.

Parties
Applicant: Attorney General; Offender/respondent: Michael Ayorine Taiwo; Offender/respondent (junior Counsel): G Wasuna
Jurisdiction
England and Wales
Judgment Date
07 July 2020
Procedural Posture
Criminal Appeal (attorney General's Reference Under Section 36 of the Criminal Justice Act 1988) / Appeal Against Sentence; Review of Sentence for Undue Leniency and Manifest Excess
Outcome
Appeal allowed; sentence increased
Legal Topics
Manslaughter, Sentencing, Attorney General's Reference, Unduly Lenient Sentence, Manifestly Excessive Sentence
Criminal Law Manslaughter Sentencing Attorney General's Reference Unduly Lenient Sentence Manifestly Excessive Sentence

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Parties

Attorney General

Applicant

Michael Ayorine Taiwo

Offender/respondent

G Wasuna

Offender/respondent (junior Counsel)

Procedural Posture

Criminal Appeal (attorney General's Reference Under Section 36 of the Criminal Justice Act 1988) / Appeal Against Sentence; Review of Sentence for Undue Leniency and Manifest Excess

Legal Issues

  1. 1 Whether the sentence imposed for manslaughter was unduly lenient or manifestly excessive
  2. 2 Proper categorisation of culpability under the Sentencing Council guideline for manslaughter
  3. 3 Appropriate sentence for a single punch manslaughter

Ratio Decidendi

The sentence was unduly lenient because the facts demonstrated high culpability: the offender returned to the scene intent on violence, delivered a forceful punch from behind to an unsuspecting victim, causing death within seconds. The case fell within category B of the guideline. The appropriate sentence, after considering aggravating and mitigating factors and credit for guilty plea, was seven years and two months' imprisonment.

Court Disposition

Appeal allowed; sentence increased

Orders

  • Leave granted to Attorney General's Reference
  • Sentence increased to seven years and two months' imprisonment