REGINA v JAKE LIAM McFARLANE

REGINA v JAKE LIAM McFARLANE

The sentence was unduly lenient because the judge wrongly categorised the offence as category D, failing to account for the disproportionate and unjustified violence. The correct approach was to start at category C, adjust for the offender's belief he was defending another, and then apply aggravating and mitigating factors, resulting in a higher sentence.

Parties
Applicant: Regina; Respondent: Jake Liam McFarlane
Jurisdiction
England and Wales
Judgment Date
22 July 2022
Procedural Posture
Criminal Appeal / Attorney General's Reference Under Section 36 of the Criminal Justice Act 1988
Outcome
Appeal allowed; sentence increased
Legal Topics
Manslaughter, Possession With Intent to Supply Controlled Drugs, Sentencing, Unduly Lenient Sentence, Attorney General's Reference
Criminal Law Manslaughter Possession With Intent to Supply Controlled Drugs Sentencing Unduly Lenient Sentence Attorney General's Reference

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Parties

Regina

Applicant

Jake Liam McFarlane

Respondent

Procedural Posture

Criminal Appeal / Attorney General's Reference Under Section 36 of the Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentence for manslaughter was unduly lenient
  2. 2 Proper categorisation of the manslaughter offence under sentencing guidelines

Ratio Decidendi

The sentence was unduly lenient because the judge wrongly categorised the offence as category D, failing to account for the disproportionate and unjustified violence. The correct approach was to start at category C, adjust for the offender's belief he was defending another, and then apply aggravating and mitigating factors, resulting in a higher sentence.

Court Disposition

Appeal allowed; sentence increased

Orders

  • Leave to bring the Reference granted
  • Sentence of 24 months' imprisonment for manslaughter quashed