Each defendant had been convicted of an assault resulting in a death, but where no weapon had been used and where but for the death the charge would have been assault occasioning actual bodily harm.
Held: The decision in Furby, while still valid, did not reflect the 2003 Act which now required the court to take into account the consequences of the action. The sentence in Appleby’s case was unduly lenient and was increased to 9 years. Other sentences were also increased.
Lord Judge LCJ, Thomas LJ QB VP, Simon J, Royce J
[2009] EWCA Crim 2693, Times 24-Dec-2009, [2010] 2 Cr App R (S) 46, [2010] Crim LR 325
Bailii
Criminal Justice Act 2003 143(1)
England and Wales
Citing:
Cited – Regina v Mallett CACD 1972
The court considered sentencing for manslaughter where the death was in effect accidental. . .
Cited – Regina v Goodchild CACD 12-Aug-1991
The court considered sentencing for manslaughter where, following an argument, the deceased was struck with a clenched fist in the middle of his face and was knocked over, so that his head struck the kerbstone and his skull was fractured with fatal . .
No longer good law – Regina v Coleman CACD 1992
The court considered sentencing in manslaughter where death resulted from a single blow followed by a fall which ‘almost accidentally’ resulted in the deceased sustaining a fractured skull. The defendant was on his way home at night when he met two . .
Limited – Furby, Regina v CACD 8-Nov-2005
Furby was a decent young man. His close friend was unduly sexually familiar with Furby’s partner, and she protested violently and physically. Furby struck his friend a single moderate blow to the face. A combination of unusual circumstances produced . .
Cited – Regina v Harrison CACD 1996
The court considered how to sentence for an assault when the effect was disproportionate to the violence used: ‘A blow sufficient to fracture an egg-shell skull is very much less culpable than one which fractures a normal skull. An unlucky punch in . .
Cited – Regina v Miah CACD 2005
The court considered sentencing for the problem of gratuitous violence in city centres and the streets. . .
Cited – Wood, Regina v (No 2) CACD 2-Apr-2009
The defendant appealed against his sentence to life imprisonment after conviction for manslaughter on the grounds of diminished responsibility.
Held: The court faced two questions. Did the case require a sentence of life imprisonment, and also . .
Cited by:
Cited – Wilkinson, Regina (on The Application of) v HM Coroner for The Greater Manchester South District Admn 11-Oct-2012
The court was asked whether evidence of the commission of the criminal offence of causing death by careless driving contrary to section 2B of the 1988 Act is capable of justifying a verdict of ‘unlawful killing’ at an inquest.
Held: The . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 01 November 2021; Ref: scu.384377