The defendant had been tried for murder, but a defence of provocation was permitted to reduce the conviction to manslaughter. He appealed sentence.
Held: The defendant had dismembered the victim’s body. He had been the victim of abuse by the victim since trhe age of 11. In such circumstances, where the basis of accepting the plea was provocation rather than diminished responsibility, the fact of dismemberment might well be an aggravating factor. The cases of manslaughter can vary widely. In this case the dismemberment remained an aggravating feature, but on balance the sentence as a whole should still be reduced to five years to allow for the appellant’s age, and the history of sexual abuse.
Judges:
Rose LJ, McCombe, Cox JJ
Citations:
Times 29-Jul-2003
Jurisdiction:
England and Wales
Citing:
Disapproved – Regina v Frisby CACD 2002
In sentencing for murder the dismemberment of the victim after death, was an aggravating feature, but need not be so in cases of manslaughter. . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 29 April 2022; Ref: scu.185824