Wood, R v

Wood, R v

Given the extreme ferocity and persistence of the attack, the appellant's substantial remaining mental responsibility, and ongoing risk to the public, a discretionary life sentence is appropriate. The minimum term is reduced to 13 years to reflect diminished responsibility.

Parties
Prosecution: R; Appellant: Clive Wood
Jurisdiction
England and Wales
Judgment Date
02 April 2009
Procedural Posture
Criminal Appeal / Sentencing After Conviction for Manslaughter on Appeal
Outcome
Imprisonment for life imposed for manslaughter by reason of diminished responsibility; minimum term fixed at 13 years.
Legal Topics
Manslaughter, Diminished Responsibility, Sentencing, Life Imprisonment, Public Protection
Criminal Law Manslaughter Diminished Responsibility Sentencing Life Imprisonment Public Protection

Case Brief

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Parties

R

Prosecution

Clive Wood

Appellant

Procedural Posture

Criminal Appeal / Sentencing After Conviction for Manslaughter on Appeal

Legal Issues

  1. 1 Whether the appropriate sentence for manslaughter by reason of diminished responsibility should be imprisonment for life or imprisonment for public protection
  2. 2 How to assess the minimum term for release in diminished responsibility manslaughter cases

Ratio Decidendi

Given the extreme ferocity and persistence of the attack, the appellant's substantial remaining mental responsibility, and ongoing risk to the public, a discretionary life sentence is appropriate. The minimum term is reduced to 13 years to reflect diminished responsibility.

Court Disposition

Imprisonment for life imposed for manslaughter by reason of diminished responsibility; minimum term fixed at 13 years.

Orders

  • Appellant to serve life imprisonment.
  • Minimum term before parole eligibility set at 13 years.