Furby, R. v

In manslaughter caused by a single punch, sentence must reflect both the death caused and the offender’s culpability. Where death is an unforeseeable consequence of a moderate single blow, the sentence must not become disproportionate to the wrongdoing. The usual starting point after a guilty plea and in the absence of aggravating circumstances is 12 months’ imprisonment. Aggravating features may justify a substantially longer sentence, including alcohol-related violence in public places where drink contributed to the offending. Prior drinking is not itself aggravating without evidence that it made the offender violent or otherwise contributed to the offence. A direct fatal injury from the blow does not justify a higher category where its severity was not reasonably foreseeable.

The appellant pleaded guilty in the Crown Court at Sheffield to manslaughter after a single punch caused the death of a close friend. The punch followed the appellant’s discovery that the deceased had kissed the appellant’s partner. The deceased suffered a traumatic subarachnoid haemorrhage, an unusual and unforeseeable consequence of the blow.

On 21 July 2005, the Crown Court sentenced the appellant to two years and six months’ imprisonment. He appealed against sentence with the single judge’s leave. The issue was the proper sentence for a guilty-plea case of single-punch manslaughter, having regard to the established sentencing authorities, the unforeseeable harm, intoxication, and the appellant’s mitigation.

1. The appeal was allowed. The sentence of two years and six months’ imprisonment was quashed and replaced with 12 months’ imprisonment.

2. The seriousness of manslaughter depends on culpability and harm. Death is the gravest harm and will usually require custody, but the length of custody must remain proportionate to the offender’s culpability. In single-punch cases, death will often result from a fortuity which the offender could not reasonably foresee.

3. The court treated R v Coleman (1992) 13 Cr App R(S) 508 as establishing the appropriate starting point. A sentence of 12 months is ordinarily appropriate where there is a guilty plea and no aggravating circumstances. The sentence may rise, potentially to four years, where the particular facts disclose aggravation. Gratuitous violence, repeated blows, serious violence, poor character, and alcohol-fuelled public disorder may materially increase sentence.

4. The distinction drawn in Coleman between a fatal fall after a blow and a fatal injury directly caused by the blow was not decisive here. A direct injury may justify greater sentence if the blow was especially severe. There is, however, no reason to distinguish the cases where the severity of the direct injury was not reasonably foreseeable. A subarachnoid haemorrhage from a moderate punch was such an unusual consequence.

5. The sentencing judge was not justified in treating the appellant’s earlier drinking as aggravating. There was no evidence that drink made him prone to violence or caused the violence. His reaction was unlawful but explicable in the circumstances. The appellant’s single moderate blow, immediate assistance in resuscitation, remorse, good character, and prompt guilty plea supported sentence at the starting point.

• Court of Appeal (Criminal Division) Allowed the appeal against sentence and substituted 12 months’ imprisonment.

• Crown Court at Sheffield On 21 July 2005, accepted the appellant’s guilty plea to manslaughter and imposed two years and six months’ imprisonment.