Pool, R. v [2023] EWCA Crim 946 (25 July 2023)

Pool, R. v [2023] EWCA Crim 946 (25 July 2023)

The sentencing judge was correct to categorise the offence as category B under the Sentencing Guideline for Manslaughter, but gave too much weight to aggravating factors and insufficient weight to mitigating factors. The sentence should have been lower within the range, resulting in a reduced sentence.

Source-derived case information.

Citation
[2023] EWCA Crim 946
Parties
Respondent: Rex; Appellant: Connor Jess Pool
Jurisdiction
England and Wales
Judgment Date
25 July 2023
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed; sentence reduced
Legal Topics
Manslaughter, Sentencing Guidelines, Appeal Against Sentence
Criminal Law Manslaughter Sentencing Guidelines Appeal Against Sentence

Source-derived case record

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Parties

Rex

Respondent

Connor Jess Pool

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in categorising the offence as category B under the Sentencing Guideline for Manslaughter
  2. 2 Whether the sentence imposed gave appropriate weight to aggravating and mitigating factors

Ratio Decidendi

The sentencing judge was correct to categorise the offence as category B under the Sentencing Guideline for Manslaughter, but gave too much weight to aggravating factors and insufficient weight to mitigating factors. The sentence should have been lower within the range, resulting in a reduced sentence.

Court Disposition

appeal allowed; sentence reduced

Orders

  • Sentence of 9 years' imprisonment quashed
  • Sentence of 7 years and 6 months' imprisonment imposed