King, R. v [2017] EWCA Crim 128 (03 March 2017)

King, R. v [2017] EWCA Crim 128 (03 March 2017)

The judge correctly applied the legal standard in determining the factual basis for sentencing, made findings supported by evidence, and the sentence imposed was within the appropriate range for manslaughter involving use of a knife. There was no basis for appellate interference.

Citation
[2017] EWCA Crim 128
Parties
Appellant: Dwayne King; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
03 March 2017
Procedural Posture
Criminal Appeal / Appeal Against Sentence After Conviction for Manslaughter
Outcome
Appeal dismissed
Legal Topics
Sentencing, Manslaughter, Factual Basis for Sentencing, Use of Knives, Appeal Procedure
Criminal Law Sentencing Manslaughter Factual Basis for Sentencing Use of Knives Appeal Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 25 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Dwayne King

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence After Conviction for Manslaughter

Legal Issues

  1. 1 What is the correct approach for a judge to determine the factual basis for sentencing after a trial where multiple interpretations of the jury's verdict are possible?
  2. 2 Was the sentence imposed manifestly excessive given the facts and mitigating/aggravating factors?

Ratio Decidendi

The judge correctly applied the legal standard in determining the factual basis for sentencing, made findings supported by evidence, and the sentence imposed was within the appropriate range for manslaughter involving use of a knife. There was no basis for appellate interference.

Court Disposition

Appeal dismissed

Orders

  • Sentence of twelve years' imprisonment less 140 days upheld