Attorney-General's Reference No 27 & 28 Of 2008

For manslaughter arising from sustained violent bullying, coercion of a vulnerable victim into deep water, and reckless prevention of escape while the victim was in obvious danger, a starting point of less than ten years’ imprisonment is inappropriate. The sentence must reflect both punishment and deterrence, even where death was unintended and the offenders expected the victim to emerge. Guilty pleas, genuine remorse and a belated attempt to rescue the victim materially mitigate sentence, but do not displace the seriousness of the conduct.

The Attorney-General referred the sentences of Christopher Lewis and Marvin Walker under section 36 of the Criminal Justice Act 1988 as allegedly unduly lenient.

Both offenders had pleaded guilty to manslaughter after jointly assaulting a 16-year-old boy, forcing him into a deep pool, preventing his escape, and failing to assist him while he drowned. Coulson J, sitting at Birmingham Crown Court, imposed sentences of five and a half years’ imprisonment.

The central issue was whether the judge’s seven-year starting point, before credit for guilty pleas, properly reflected the gravity of the manslaughter.

1. The Attorney-General’s reference succeeded. The sentences of five and a half years’ imprisonment were quashed and substituted with sentences of seven and a half years’ imprisonment for each offender.
2. The sentencing judge had identified all relevant aggravating features, but a seven-year starting point was unduly low. The victim’s death was unintended and the offenders were neither charged with nor convicted of murder. Nevertheless, the manslaughter resulted from persistent violent bullying combined with total recklessness.
3. This was not horseplay. The offenders assaulted and humiliated a 16-year-old victim, compelled him to enter deep water, threatened him if he tried to leave, drove him away from safety, and failed to help when his distress was obvious. A starting point of less than ten years would not adequately mark punishment and deterrence for such conduct and its potentially disastrous consequences.
4. Credit was due for the guilty pleas, genuine remorse and insight into the family’s suffering. Lewis’s eventual attempt to rescue the victim also counted in his favour, although it came too late. The court found no fair or just basis to differentiate between the offenders, whose involvement was closely comparable.

• Court of Appeal (Criminal Division): On an Attorney-General’s reference, the court held that the sentences were unduly lenient, quashed them, and substituted seven and a half years’ imprisonment: [2008] EWCA Crim 2027.
• Birmingham Crown Court: Coulson J sentenced both offenders to five and a half years’ imprisonment on 25 April 2008 after guilty pleas to manslaughter.