Parnham, R v [2003] EWCA Crim 416 (7 February 2003)

Parnham, R v [2003] EWCA Crim 416 (7 February 2003)

The sentence of six years' imprisonment was manifestly excessive given the lack of intent to cause serious harm, the offer to plead guilty to manslaughter, and comparative case law; a sentence of four years' imprisonment is appropriate.

Citation
[2003] EWCA Crim 416
Parties
Respondent: Regina; Applicant/appellant: Mark Christopher Gary Parnham
Jurisdiction
England and Wales
Judgment Date
07 February 2003
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence; Full Appeal Heard and Determined
Outcome
Appeal allowed; sentence reduced
Legal Topics
Manslaughter, Sentencing, Appeal Against Sentence, Credit for Guilty Plea, Domestic Violence
Criminal Law Manslaughter Sentencing Appeal Against Sentence Credit for Guilty Plea Domestic Violence

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Parties

Regina

Respondent

Mark Christopher Gary Parnham

Applicant/appellant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence; Full Appeal Heard and Determined

Legal Issues

  1. 1 Whether the sentencing judge erred in failing to give credit for an offer to plead guilty to manslaughter
  2. 2 Whether the sentence of six years' imprisonment for involuntary manslaughter was manifestly excessive

Ratio Decidendi

The sentence of six years' imprisonment was manifestly excessive given the lack of intent to cause serious harm, the offer to plead guilty to manslaughter, and comparative case law; a sentence of four years' imprisonment is appropriate.

Court Disposition

Appeal allowed; sentence reduced

Orders

  • Sentence of six years' imprisonment quashed
  • Substituted sentence of four years' imprisonment