The defendant appealed against a sentence of imprisonment for public protection with a minimum of six years imposed after his convition for manslaughter. He had kiiled a neighbour.
Held: The jury found provocation, and the defendant had no convictions for violence, but the judge had based his sentence on the evidence and the sentencing report. However the remarks clearly showed that the reporter and the judge had gone behind the jury’s verdict. The appeal was allowed, and a sentence of 12 years imposed.
Laws LJ, Owen, Hadden-Cave JJ
[2012] EWCA Crim 136
Bailii
Criminal Justice Act 2003 225
England and Wales
Criminal Sentencing
Updated: 31 October 2021; Ref: scu.451213