Taiwo, R v

A single-punch manslaughter is not confined to medium culpability under the Sentencing Council manslaughter guideline. It may fall within category B where the unlawful act carried a high risk of death or grievous bodily harm that was, or should have been, obvious to the offender. Categorisation requires an assessment of all the circumstances. The absence of a weapon is relevant but is not a mitigating factor under the guideline.

The sentencing exercise must not be overly mechanistic. A court may adjust the category starting point before considering aggravating and mitigating factors, but must avoid double-counting features that have already justified the culpability category.

The offender pleaded guilty in the Crown Court at Northampton to manslaughter, after having been charged with murder. The Crown accepted the plea. He had delivered a forceful running punch from behind to the deceased, following an earlier pub confrontation and after returning to the scene. The deceased later collapsed and died from traumatic intracranial bleeding.

Her Honour Judge Lucking QC treated the offence as category C under the manslaughter guideline and imposed four years and ten months’ imprisonment after credit for the guilty plea. The Attorney General sought leave to refer the sentence as unduly lenient. The offender applied for leave to appeal, contending that it was manifestly excessive and that he should have received greater credit for his plea.

Disposition

The court granted the Attorney General leave to refer the sentence and allowed the reference. It increased the sentence from four years and ten months to seven years and two months’ imprisonment. It refused the offender’s application for leave to appeal against sentence.

1. A single-punch manslaughter does not necessarily fall within category C of the Sentencing Council manslaughter guideline. Although many such cases will do so, category B may apply under either of the first two high-culpability factors. The absence of a weapon is relevant to the overall assessment, but is not itself a mitigating factor.

2. This offence fell within category B, particularly because the offender had returned after earlier violence, was intent on retaliation, ran towards an unaware victim from behind, and delivered a forceful punch which caused the fatal injury. R v Coyle [2020] EWCA Crim 484 was a useful illustration of a single-punch case properly placed in category B, while differing on its facts.

3. The category B starting point of 12 years could properly be adjusted before aggravating and mitigating features were considered. A starting point of about 11 years was appropriate because there was one punch and no weapon. The court then avoided double-counting the circumstances already reflected in category B, while giving weight to intoxication and evasion of detection, and substantial weight to the offender’s lack of convictions, remorse and age.

4. Following R v Bola [2019] EWCA Crim 1507, the context in which an offence was committed remained highly material. The resulting pre-plea term should have been nine years. Credit of 20% was proper because the offender denied delivering the fatal blow until shortly before trial, requiring the Crown to prepare on a full basis.

The court therefore imposed seven years and two months’ imprisonment, with 64 days of qualifying curfew time continuing to count towards the sentence.

• Court of Appeal (Criminal Division) — On an Attorney General’s reference under section 36 of the Criminal Justice Act 1988, the court allowed the reference and increased the sentence: [2020] EWCA Crim 902. It refused the offender’s application for leave to appeal against sentence.

• Crown Court at Northampton — Her Honour Judge Lucking QC accepted a guilty plea to manslaughter on a murder indictment and imposed four years and ten months’ imprisonment.