R v Connor Jess Pool

In a sentence appeal for manslaughter, the guideline category must reflect the factual circumstances, including the force used and whether a high risk of death or really serious injury ought to have been obvious. A correct Category B classification does not determine the final sentence. The sentencing judge must properly assess aggravating and mitigating factors and position the sentence within the applicable range. Where excessive weight is given to aggravating features and insufficient weight to mitigation, the appellate court may quash and substitute a lower sentence. Category B was upheld, but the sentence before plea credit was reduced from 12 years to 10 years, producing a sentence of 7 years and 6 months after the accepted 25 per cent reduction for the guilty plea.

With leave of the single judge, the appellant appealed against a sentence of 9 years’ imprisonment imposed by HHJ Angela Morris KC at the Crown Court at Winchester for manslaughter. The offence followed an unprovoked punch which caused the victim to fall, suffer a brain injury and die three days later. The appellant challenged both the Category B classification under the Sentencing Guideline on Manslaughter and the sentence imposed within that category. He relied on the circumstances of the incident, the absence of an intention to cause really serious harm, his mitigation and comparable single-punch manslaughter cases. The central issues were whether the offence had been correctly categorised and whether the sentencing judge had given proper weight to the aggravating and mitigating factors.

Decision

1. The sentence appeal was allowed in part. The sentence of 9 years was quashed and a sentence of 7 years and 6 months’ imprisonment was imposed in its place. The victim surcharge of £190 remained in force.

2. The offence was correctly placed in Category B under the Sentencing Guideline on Manslaughter. The relevant circumstances included the unprovoked nature of the punch, its force, the victim’s lack of opportunity to defend himself and the fact that the punch carried a high risk of death or grievous bodily harm which ought to have been obvious to the appellant.

3. Correct categorisation did not conclude the sentencing exercise. Having selected the Category B starting point of 12 years, within a range of 8 to 16 years, the judge was required to apply the aggravating and mitigating factors so as to locate the sentence properly within that range.

4. The judge gave too much weight to the perceived aggravating features, including the appellant’s drunkenness and conduct after the incident, and insufficient weight to mitigation. Relevant mitigation included the appellant’s age, effective good character, limited role in the events preceding the fatal blow, remorse, favourable references and conduct in prison. The sentence should therefore have moved down towards the bottom of the range rather than remaining at the starting point.

5. The appropriate sentence before credit for the guilty plea was 10 years. Applying the accepted 25 per cent reduction resulted in a sentence of 7 years and 6 months.

• Crown Court at Winchester: HHJ Angela Morris KC imposed 9 years’ imprisonment for manslaughter.
• Court of Appeal (Criminal Division): The sentence was quashed and 7 years and 6 months’ imprisonment substituted.