Harvey, R. v [2010] EWCA Crim 1317 (19 May 2010)

Harvey, R. v [2010] EWCA Crim 1317 (19 May 2010)

Given the extraordinary and singular circumstances, including the victim's unique medical vulnerability and the nature of the act, the sentence of three years was excessive; justice is met by imposing a sentence of 21 months' imprisonment.

Citation
[2010] EWCA Crim 1317
Parties
Prosecution: Regina; Appellant: Paul Harvey
Jurisdiction
England and Wales
Judgment Date
19 May 2010
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
sentence reduced
Legal Topics
Manslaughter, Sentencing, Unlawful Act, Eggshell Skull Rule
Criminal Law Manslaughter Sentencing Unlawful Act Eggshell Skull Rule

Case Brief

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Parties

Regina

Prosecution

Paul Harvey

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Was the sentence of three years' imprisonment for unlawful act manslaughter excessive given the exceptional circumstances?
  2. 2 Did the sentencing judge attach too much weight to the appellant's previous convictions?
  3. 3 Should the period spent on electronic tag be deducted from the sentence?

Ratio Decidendi

Given the extraordinary and singular circumstances, including the victim's unique medical vulnerability and the nature of the act, the sentence of three years was excessive; justice is met by imposing a sentence of 21 months' imprisonment.

Court Disposition

sentence reduced

Orders

  • Sentence of three years' imprisonment quashed and replaced with 21 months' imprisonment.
  • Deduction of 155 days spent in custody remains unchanged.