Calvert, R v

Calvert, R v

The provocation suffered by the appellant was at the top end of the 'substantial' category, and given his age and other mitigating factors, the original 7-year sentence was manifestly excessive; a sentence of 4½ years' detention is appropriate.

Parties
Respondent: Regina; Appellant: Charles Joseph Calvert
Jurisdiction
England and Wales
Judgment Date
12 June 2009
Procedural Posture
Criminal Appeal / Judgment on Sentence Appeal
Outcome
appeal allowed
Legal Topics
Manslaughter, Sentencing, Provocation, Youth Offenders
Criminal Law Manslaughter Sentencing Provocation Youth Offenders

Case Brief

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Parties

Regina

Respondent

Charles Joseph Calvert

Appellant

Procedural Posture

Criminal Appeal / Judgment on Sentence Appeal

Legal Issues

  1. 1 Whether the sentencing judge properly accounted for the degree of provocation and the appellant's age in imposing a 7-year sentence for manslaughter

Ratio Decidendi

The provocation suffered by the appellant was at the top end of the 'substantial' category, and given his age and other mitigating factors, the original 7-year sentence was manifestly excessive; a sentence of 4½ years' detention is appropriate.

Court Disposition

appeal allowed

Orders

  • sentence reduced to 4½ years' detention under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000
  • section 240 direction: 172 days on remand to count towards sentence