Wadsworth, R v

In manslaughter arising from a deliberate and unprovoked attack on an innocent victim, the limited sentencing approach appropriate to a minor single-blow case does not govern. A substantial custodial sentence may be justified where the violence is serious, the victim is defenceless and the offender adds a further kick to the head, even if the fatal injury was caused earlier.

An extended licence period should be imposed only where it is necessary. For a young offender with no previous convictions, a substantial custodial term and the ordinary licence period may sufficiently address rehabilitation and the prevention of further offending.

The appellant, aged 17 and of previous good character, pleaded guilty at Nottingham Crown Court to manslaughter after the prosecution accepted that plea on an indictment for murder. During an unprovoked attack on a 16-year-old victim, he punched the victim to the ground and then ran back to kick him hard in the head. The victim died from the injuries.

The Crown Court imposed an eight-year extended sentence under section 85 of the Powers of Criminal Courts Act 2000, comprising six years’ custody and a two-year extension period. The appellant appealed against sentence, contending that a far shorter custodial disposal was appropriate and challenging the need for the extension period.

1. The appeal was allowed in part. The Court upheld the six-year custodial term but quashed the two-year extension period. The resulting sentence was therefore six years’ custody, followed by the ordinary licence arrangements.
2. The Court rejected the submission that a detention and training order, or a custodial term of less than four years, could reflect the gravity of the offence. R v Morby (1994) 15 CR. APP. (S) 53 provided a proper starting point: absent exceptional features, five years could properly be imposed for manslaughter of that kind. The lower starting point identified in R v Coleman (1992) 13 CR. APP. R. (S) 508 was confined to a very different type of case, involving limited violence and a fatal fall after a punch.
3. This was an unprovoked assault on a wholly innocent victim who had tried to avoid trouble. The appellant delivered two forceful punches, then kicked the victim’s head while he lay defenceless. The kick remained a serious aggravating feature although it followed the injury that caused death. It demonstrated the seriousness of the violence and could not be disregarded. The Court considered the six-year custodial term near the top of the permissible range, but neither wrong in principle nor manifestly excessive.
4. The extension period was nevertheless unnecessary. The appellant was young, had no previous convictions, and would serve a substantial custodial term followed by the normal licence period. Those measures were sufficient to address rehabilitation and the prevention of further offending.

The Court also made observations not necessary to the sentence appeal. Where acceptance of a lesser plea in a difficult and sensitive case is finely balanced, a jury determination will often be preferable. Consideration for victims and their families, and consultation where possible, should form part of maintaining confidence in the justice system.

• Court of Appeal (Criminal Division) Allowed the appeal only to the extent of quashing the two-year extension period: [2003] EWCA Crim 1324.
• Nottingham Crown Court On 11 February 2003, imposed an eight-year extended sentence under section 85 of the Powers of Criminal Courts Act 2000, comprising six years’ custody and a two-year extension period, following a guilty plea to manslaughter.