MANSLAUGHTER

[2019] EWCA Crim 2008
[2019] EWCA Crim 2008
CA (Crim Div) (Simon LJ, Cockerill J, Judge Bate)
19 November 2019

A sentencing judge had erred in failing to reach a conclusion on the category of culpability under the Manslaughter Definitive Guideline 2018 of a woman convicted of manslaughter for stabbing to death her partner after a history of domestic violence. A category and starting point should be decided before consideration of the aggravating and mitigating factors.

[2019] EWCA Crim 1825
[2019] EWCA Crim 1825
CA (Crim Div) (Flaux LJ, Goose J, Julian Knowles J)
17 October 2019

Permission to appeal against sentence and convictions for manslaughter and child cruelty by the victim’s father were refused where there had been no error in the admission of bad character evidence at trial and the 10-year sentence of imprisonment was not manifestly excessive.

[2019] EWCA Crim 1066
[2019] EWCA Crim 1066
CA (Crim Div) (Hickinbottom LJ, Andrews J, Judge Mayo)
13 June 2019

A sentencing judge had erred in imposing a sentence of life imprisonment, with a hospital and limitation direction under the Mental Health Act 1983 s.45A, on an offender who had pleaded guilty to manslaughter on grounds of diminished responsibility and whose retained responsibility for the offence fell into the lowest category. Any punitive element in the sentence would have no force, as it was less than the period required for his treatment in a secure hospital in any event. Instead, a hospital order under s.37 with a restriction from discharge under s.41 would have significant benefits for the offender’s rehabilitation.

[2019] EWHC 1130 (Admin)
[2019] EWHC 1130 (Admin)
QBD (Admin) (Lord Burnett LCJ, Farbey J)
8 May 2019

The Director of Public Prosecutions’ decision not to prosecute for manslaughter the boyfriend of a woman who had died after falling from the balcony of her fifth-floor flat was reasonable where the case would have relied heavily on circumstantial evidence. The conflicting views expressed by highly experienced prosecutors as to whether there was sufficient evidence to proceed showed that although the woman might have fallen while trying to escape violence from the boyfriend, other scenarios were equally plausible, and the different theories would raise too much doubt for a prosecution to succeed.

[2019] EWCA Crim 758
[2019] EWCA Crim 758
CA (Crim Div) (Holroyde LJ, William Davis J, Judge Goldstone QC)
21 February 2019

An extended sentence of 20 years, comprising a 17-year custodial term and a three-year extended licence period, imposed on a young offender following guilty pleas to manslaughter, threats to kill, affray, criminal damage and having offensive weapons, namely acid and a lethally adapted Samurai sword, was not manifestly excessive. The series of offences had been wicked and committed without regard for life or limb and the offender had demonstrated a serious level of criminal maturity.

[2019] EWCA Crim 1034
[2019] EWCA Crim 1034
CA (Crim Div) (Green LJ, Stuart-Smith J, Judge Paul Thomas QC)
21 February 2019

Parties wishing the Court of Appeal (Criminal Division) to view video footage should liaise with the court to ensure that the video format was compatible with the court’s technology. In relation to lengthy footage, the parties should prepare a short document summarising and/or indexing what was to be found on each video and identifying the points in time when the salient events occurred.

[2019] EWCA Crim 106
[2019] EWCA Crim 106
CA (Crim Div) (Holroyde LJ, Sweeney J, Judge Joseph QC)
6 February 2019

The court considered the extent to which time spent on remand in local authority accommodation under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 s.91(3) could be taken into account when passing sentence.

[2019] EWCA Crim 1059
[2019] EWCA Crim 1059
CA (Crim Div) (Sir Brian Leveson PQBD, Nicol J, Sir Brian Keith)
31 January 2019

The applicant’s conviction for manslaughter, arising from the killing of a 15-year-old girl in 1976, would be quashed given that recent DNA evidence had led to the identification of the true killer.

[2018] EWCA Crim 1003
[2018] EWCA Crim 1003
CA (Crim Div) (Lord Burnett LCJ, Nicola Davies J, Haddon-Cave J)
3 May 2018

A judge had failed to have proper regard to the sentencing guidelines for children and young people when sentencing an 18-year-old for an offence of manslaughter committed when she was 17. The sentence imposed of nine years’ detention did not reflect the age, immaturity and resultant culpability of the offender at the date of the offence, and was reduced to five years’ detention.

[2018] EWCA Crim 595
[2018] EWCA Crim 595
CA (Crim Div) (Hallett LJ, Treacy LJ, Sir Wyn Williams)
27 March 2018

The court summarised the general principles to be considered by those representing and those sentencing offenders with mental health problems that might justify a hospital order under the Mental Health Act 1983 s.37 and s.41, a finding of dangerousness and/or a s.45A order.

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