Attorney General Reference No 113 of 2006

Attorney General Reference No 113 of 2006

The sentence of 3 years custody and 3 years extended licence was within the proper range for this type of manslaughter, considering the offender's age, background, evidence of remorse and improvement, and the absence of intent to cause serious harm. The sentence was not unduly lenient and there was no basis for...

Source-derived case information.

Parties
Applicant: Attorney General; Respondent: Offender (Callum)
Jurisdiction
England and Wales
Judgment Date
07 December 2006
Procedural Posture
Criminal / Attorney General's Reference Under S.36 Criminal Justice Act 1988; Appellate Review of Sentence
Outcome
Attorney-General's Reference dismissed; sentence upheld
Legal Topics
Manslaughter, Sentencing, Extended Sentence, Youth Offenders, Attorney General's Reference
Criminal Law Manslaughter Sentencing Extended Sentence Youth Offenders Attorney General's Reference

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Parties

Attorney General

Applicant

Offender (Callum)

Respondent

Procedural Posture

Criminal / Attorney General's Reference Under S.36 Criminal Justice Act 1988; Appellate Review of Sentence

Legal Issues

  1. 1 Whether the sentence imposed for manslaughter was unduly lenient under s.36 Criminal Justice Act 1988
  2. 2 Appropriate sentencing range for 'one punch' manslaughter by a youth offender

Ratio Decidendi

The sentence of 3 years custody and 3 years extended licence was within the proper range for this type of manslaughter, considering the offender's age, background, evidence of remorse and improvement, and the absence of intent to cause serious harm. The sentence was not unduly lenient and there was no basis for appellate interference.

Court Disposition

Attorney-General's Reference dismissed; sentence upheld