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 men causing a disturbance. When he reprimanded them and then punched each of them once. One fell, hitting his head on the kerb, causing his death.
Held: His appeal against a sentence of two years succeeded. On the facts there were mitigating features which evenly balanced the aggravating features. The sentence of two years that had been imposed was quashed and replaced by a sentence of twelve months.
Lord Lane CJ said: ‘It should be noted at the outset that this is the circumstance which we have to examine: where a person receives a blow, probably one blow only, to the head or face, is knocked over by the blow and unfortunately cracks his head on the floor or the pavement, suffers a fractured skull and dies. It is to be distinguished sharply from the sort of case where a victim on the ground is kicked about the head. It is to be distinguished sharply from the sort of case where a weapon is used in order to inflict injury. It is further to be distinguished from where the actual blow itself inflicts the injury which causes the death. This is the case of a fall almost accidentally resulting in a fractured skull.’
After reviewing the case law, he continued: ‘It seems to us, having done our best to reconcile these various decisions — manslaughter is in an area where reconciliation of decisions is by no means easy — that the starting point for this type of offence strictly confined, as we have endeavoured to confine it, is one of 12 months’ imprisonment on a plea of guilty.
Having started from that point, one turns then to consider the mitigating features on one hand and the potentially aggravating features on the other. The fact that there was no premeditation is one of the mitigating features. The fact that it is a single blow of moderate force, again is another mitigating feature. The fact that there has been remorse, the fact that there has been an immediate admission of guilt at the first opportunity are all features which tell in favour of the appellant.
On the other hand indications that the appellant is susceptible to outbreaks of violence, the fact that the assault was gratuitous and unprovoked, the fact that there was more than one blow struck, are all features which will tend to aggravate the offence.’
Judges:
Lord Lane CJ
Citations:
[1992] 13 Cr App R (S) 508, [1992] Crim LR 315
Jurisdiction:
England and Wales
Cited by:
Cited – 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 . .
No longer good law – Appleby, Regina v (Attorney-General’s Reference (No 60 of 2009) CACD 18-Dec-2009
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 . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 02 May 2022; Ref: scu.384380
