Attorney-General's Reference No 27 & 28 Of 2008

Attorney-General's Reference No 27 & 28 Of 2008

The original sentence was unduly lenient given the aggravating features, including persistent bullying, violence, and recklessness leading to death. A starting point of less than 10 years was inappropriate; a sentence of 7½ years' imprisonment is substituted for both offenders.

Source-derived case information.

Parties
Applicant: Her Majesty's Attorney-General; Respondent: Christopher Marcus Lewis; Respondent: Marvin James Walker
Jurisdiction
England and Wales
Judgment Date
31 July 2008
Procedural Posture
Criminal Reference / Appeal Against Sentence
Outcome
sentence increased on reference
Legal Topics
Manslaughter, Sentencing, Attorney General's Reference, Unduly Lenient Sentence
Criminal Law Manslaughter Sentencing Attorney General's Reference Unduly Lenient Sentence

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Parties

Her Majesty's Attorney-General

Applicant

Christopher Marcus Lewis

Respondent

Marvin James Walker

Respondent

Procedural Posture

Criminal Reference / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed for manslaughter was unduly lenient
  2. 2 Appropriate starting point for sentencing in cases of manslaughter involving bullying and recklessness

Ratio Decidendi

The original sentence was unduly lenient given the aggravating features, including persistent bullying, violence, and recklessness leading to death. A starting point of less than 10 years was inappropriate; a sentence of 7½ years' imprisonment is substituted for both offenders.

Court Disposition

sentence increased on reference

Orders

  • Original sentences quashed
  • Substituted sentence of 7½ years' imprisonment for both offenders