Attorney General's Reference No. 57 OF 2005

In an Attorney General’s reference, a sentence for single-blow manslaughter may be unduly lenient even where the blow was not sufficiently severe to make serious injury foreseeable. The death remains a critical sentencing factor. For a young offender with relevant convictions for violence, a late guilty plea would ordinarily call for a sentence between three and five years.

Having found a sentence unduly lenient, the court retains a discretion whether to increase it. The interests of justice may justify leaving the sentence unchanged, particularly where the offender is young and must face sentence a second time.

The offender pleaded guilty to manslaughter after striking the deceased once during a jealous confrontation outside the home of the offender’s former partner. The deceased suffered an unusually serious and fatal neck injury. The offender had previous convictions for violence and had persisted in attending the address although he had been told not to do so.

At Nottingham Crown Court, His Honour Judge Pert QC imposed two years’ imprisonment. The Attorney General obtained leave under section 36 of the Criminal Justice Act 1988 to refer the sentence as unduly lenient. The issue was whether that sentence fell outside the proper range and, if so, whether it should be increased.

1. The court granted leave and held that the two-year sentence was unduly lenient. The case properly fell within the broad category of single-blow manslaughter. There was no evidence that the force of the blow was such that the offender could have anticipated serious harm. The fatal injury was therefore exceptionally unfortunate. Nevertheless, the fact that death occurred was a critical sentencing consideration.

2. The sentencing judge had insufficiently reflected the aggravating features. The offender had deliberately attended where he knew he was unwelcome, sought a confrontation, refused requests to leave and struck the deceased in public view. He also had two previous convictions for violence and demonstrated difficulty controlling his temper.

3. After allowing only late-plea credit, the appropriate sentence was between three and five years’ imprisonment. The two-year sentence lay outside the permissible range.

4. The court nevertheless declined to increase the sentence. Although the reference was well founded, the offender’s youth and the burden of facing sentence for a second time meant that the interests of justice did not require interference. The original two-year sentence therefore remained in force.

• Court of Appeal (Criminal Division): On an Attorney General’s reference under section 36 of the Criminal Justice Act 1988, the court held the sentence unduly lenient but declined to increase it.

• Nottingham Crown Court: His Honour Judge Pert QC sentenced the offender to two years’ imprisonment for manslaughter on 12 May 2005.