Webb, R. v [2011] EWCA Crim 152 (26 January 2011)

Webb, R. v [2011] EWCA Crim 152 (26 January 2011)

Given the exceptional mitigating circumstances, including the applicant's diminished responsibility, age, previous good character, and the nature of the offence as a mercy killing, the sentence should be reduced to twelve months' imprisonment, suspended for twelve months, with a supervision order.

Citation
[2011] EWCA Crim 152
Parties
Prosecution: Regina; Applicant: George Hugh Webb
Jurisdiction
England and Wales
Judgment Date
26 January 2011
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Manslaughter, Diminished Responsibility, Mercy Killing, Sentencing, Assisted Suicide
Criminal Law Manslaughter Diminished Responsibility Mercy Killing Sentencing Assisted Suicide

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Parties

Regina

Prosecution

George Hugh Webb

Applicant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed for manslaughter on grounds of diminished responsibility was excessive given the mitigating circumstances
  2. 2 Appropriate sentencing approach for mercy killings involving diminished responsibility

Ratio Decidendi

Given the exceptional mitigating circumstances, including the applicant's diminished responsibility, age, previous good character, and the nature of the offence as a mercy killing, the sentence should be reduced to twelve months' imprisonment, suspended for twelve months, with a supervision order.

Court Disposition

appeal allowed

Orders

  • Sentence reduced to twelve months' imprisonment, suspended for twelve months.
  • Supervision order for twelve months under responsible officer in Rotherham.