Hattherley, R. v

Hattherley, R. v

The appellant's involvement in the assault was significantly less than that of his co-defendants; he did not strike the victim and was not present when the fatal blow was delivered. The sentencing judge erred by failing to differentiate between the defendants' roles, and the sentence imposed was manifestly excessive...

Source-derived case information.

Parties
Appellant: Scott Hattherley; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
08 September 2009
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Manslaughter, Sentencing, Joint Enterprise
Criminal Law Manslaughter Sentencing Joint Enterprise

Source-derived case record

Summary, issues, holding and outcome

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Parties

Scott Hattherley

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred by failing to differentiate between the roles of co-defendants in a joint enterprise manslaughter case
  2. 2 Whether the sentence imposed on the appellant was manifestly excessive given his minimal involvement

Ratio Decidendi

The appellant's involvement in the assault was significantly less than that of his co-defendants; he did not strike the victim and was not present when the fatal blow was delivered. The sentencing judge erred by failing to differentiate between the defendants' roles, and the sentence imposed was manifestly excessive given the appellant's minimal involvement and relevant sentencing authorities.

Court Disposition

appeal allowed

Orders

  • sentence of 6 years' detention quashed
  • sentence of 3 years and 6 months' detention substituted