Larkin, R. v

Larkin, R. v

The sentence of 12 years' imprisonment was excessive given the appellant's lack of intent to cause grievous bodily harm, absence of prior violence, good character, and the mitigating circumstances. The appropriate sentence, reflecting both counts, is eight years' imprisonment.

Parties
Respondent: Regina; Appellant: James Larkin; Co Accused: Laura Marie Ostle
Jurisdiction
England and Wales
Judgment Date
21 September 2018
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Manslaughter, Conspiracy to Pervert the Course of Justice, Sentencing, Child Homicide
Criminal Law Manslaughter Conspiracy to Pervert the Course of Justice Sentencing Child Homicide

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Parties

Regina

Respondent

James Larkin

Appellant

Laura Marie Ostle

Co Accused

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed for manslaughter was excessive given the facts and comparative authorities
  2. 2 Appropriate sentencing for manslaughter involving a baby with vulnerabilities
  3. 3 Consideration of aggravating and mitigating factors in sentencing

Ratio Decidendi

The sentence of 12 years' imprisonment was excessive given the appellant's lack of intent to cause grievous bodily harm, absence of prior violence, good character, and the mitigating circumstances. The appropriate sentence, reflecting both counts, is eight years' imprisonment.

Court Disposition

appeal allowed

Orders

  • Sentence of 12 years' imprisonment quashed and substituted with eight years' imprisonment for manslaughter.
  • Concurrent sentence of one year for conspiracy to pervert the course of justice stands.