Hall, R. v [2023] EWCA Crim 797 (29 June 2023)

Hall, R. v [2023] EWCA Crim 797 (29 June 2023)

The sentencing judge was entitled to categorise the offence as culpability B under the manslaughter guideline due to the obvious risk of serious harm created by the applicant's conduct, and the sentence imposed, after balancing aggravating and mitigating factors, was not manifestly excessive. The consecutive...

Source-derived case information.

Citation
[2023] EWCA Crim 797
Parties
Prosecution: Rex; Applicant: Shaun Hall
Jurisdiction
England and Wales
Judgment Date
29 June 2023
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence
Outcome
renewed application for leave to appeal against sentence refused
Legal Topics
Manslaughter, Burglary, Sentencing, Appeal Procedure
Criminal Law Manslaughter Burglary Sentencing Appeal Procedure

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Summary, issues, holding and outcome

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Parties

Rex

Prosecution

Shaun Hall

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in categorising the manslaughter as culpability B under the Sentencing Council Guideline
  2. 2 Whether the total sentence imposed was manifestly excessive
  3. 3 Whether sufficient weight was given to mitigating factors

Ratio Decidendi

The sentencing judge was entitled to categorise the offence as culpability B under the manslaughter guideline due to the obvious risk of serious harm created by the applicant's conduct, and the sentence imposed, after balancing aggravating and mitigating factors, was not manifestly excessive. The consecutive sentence for burglary was appropriate given the applicant's record and the totality principle.

Court Disposition

renewed application for leave to appeal against sentence refused

Orders

  • Application for leave to appeal against sentence refused
  • Application to extend time refused