Attorney General's Reference No 29 Of 2014

Attorney General's Reference No 29 Of 2014

The custodial period of 6 years was unduly lenient given the aggravating features and insufficient weight given to the offender's intention for violent confrontation; the sentence should be increased to 8 years after credit for guilty plea.

Parties
Applicant: Attorney General; Respondent: Offender
Jurisdiction
England and Wales
Judgment Date
18 June 2014
Procedural Posture
Criminal Reference / Appeal
Outcome
custodial sentence increased
Legal Topics
Manslaughter, Sentencing, Loss of Self Control, Unduly Lenient Sentence
Criminal Law Manslaughter Sentencing Loss of Self Control Unduly Lenient Sentence

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Parties

Attorney General

Applicant

Offender

Respondent

Procedural Posture

Criminal Reference / Appeal

Legal Issues

  1. 1 Whether the custodial term imposed for manslaughter was unduly lenient
  2. 2 Whether excessive weight was given to the offender's learning disability as mitigation

Ratio Decidendi

The custodial period of 6 years was unduly lenient given the aggravating features and insufficient weight given to the offender's intention for violent confrontation; the sentence should be increased to 8 years after credit for guilty plea.

Court Disposition

custodial sentence increased

Orders

  • Custodial term of 6 years substituted with 8 years as the custodial element of the extended sentence imposed