R v Michael Hannan

R v Michael Hannan

The original sentence was lenient but not unduly so in terms of the custodial term. However, the judge erred in failing to obtain a pre-sentence report and in his assessment of dangerousness, given the offender's antecedents and post-offence conduct. The offender poses a significant risk of serious harm to the public and meets the criteria for an extended determinate sentence. The determinate sentence is quashed and replaced with an extended determinate sentence.

Parties
Applicant: Attorney General; Respondent/offender: Michael Hannan
Jurisdiction
England and Wales
Judgment Date
11 November 2024
Procedural Posture
Criminal Appeal (reference by Attorney General) / Sentence Review Under Section 36 Criminal Justice Act 1988
Outcome
Reference allowed in part; original sentence quashed and replaced with extended determinate sentence
Legal Topics
Manslaughter, Unduly Lenient Sentence, Extended Determinate Sentence, Dangerousness Assessment
Criminal Law Sentencing Manslaughter Unduly Lenient Sentence Extended Determinate Sentence Dangerousness Assessment

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Parties

Attorney General

Applicant

Michael Hannan

Respondent/offender

Procedural Posture

Criminal Appeal (reference by Attorney General) / Sentence Review Under Section 36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the original sentence for manslaughter was unduly lenient
  2. 2 Whether the offender should have been found dangerous and subject to an extended determinate sentence under section 279 Sentencing Act 2020
  3. 3 Proper categorisation under Sentencing Council Guidelines

Ratio Decidendi

The original sentence was lenient but not unduly so in terms of the custodial term. However, the judge erred in failing to obtain a pre-sentence report and in his assessment of dangerousness, given the offender's antecedents and post-offence conduct. The offender poses a significant risk of serious harm to the public and meets the criteria for an extended determinate sentence. The determinate sentence is quashed and replaced with an extended determinate sentence.

Court Disposition

Reference allowed in part; original sentence quashed and replaced with extended determinate sentence

Orders

  • Determinate sentence of 5 years 4 months quashed
  • Substituted with extended determinate sentence of 10 years 4 months (5 years 4 months custody, 5 years extended licence)