Taiwo, R. v [2020] EWCA Crim 902 (07 July 2020)

Taiwo, R. v [2020] EWCA Crim 902 (07 July 2020)

The sentence was unduly lenient because the facts placed the offence in category B of the manslaughter guideline, not category C. The offender returned to the scene intent on violence, delivered a forceful punch from behind, and caused immediate fatal injury. Proper balancing of aggravating and mitigating factors...

Source-derived case information.

Citation
[2020] EWCA Crim 902
Parties
Applicant: Attorney General; Respondent/offender: Michael Ayorine Taiwo; Respondent/offender (co Counsel): G Wasuna
Jurisdiction
England and Wales
Judgment Date
07 July 2020
Procedural Posture
Attorney General's Reference Under Section 36 Criminal Justice Act 1988 / Appeal Against Sentence
Outcome
Appeal allowed; sentence increased
Legal Topics
Sentencing, Manslaughter, Unduly Lenient Sentence, Manifestly Excessive Sentence
Criminal Law Sentencing Manslaughter Unduly Lenient Sentence Manifestly Excessive Sentence

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Parties

Attorney General

Applicant

Michael Ayorine Taiwo

Respondent/offender

G Wasuna

Respondent/offender (co Counsel)

Procedural Posture

Attorney General's Reference Under Section 36 Criminal Justice Act 1988 / Appeal Against Sentence

Legal Issues

  1. 1 Whether the original sentence for manslaughter was manifestly excessive or unduly lenient
  2. 2 Proper categorisation of culpability under Sentencing Council guideline for manslaughter
  3. 3 Appropriate credit for guilty plea

Ratio Decidendi

The sentence was unduly lenient because the facts placed the offence in category B of the manslaughter guideline, not category C. The offender returned to the scene intent on violence, delivered a forceful punch from behind, and caused immediate fatal injury. Proper balancing of aggravating and mitigating factors warranted a starting point of nine years' imprisonment, reduced by 20% for guilty plea, resulting in seven years and two months.

Court Disposition

Appeal allowed; sentence increased

Orders

  • Sentence increased to seven years and two months' imprisonment
  • 64 days spent on qualifying curfew to count towards sentence