The appellant had been married to the deceased for four-and-a-half years. The deceased was an alcoholic and was occasionally abusive and violent towards her. On the day of the offence the appellant and the deceased spent some time drinking together in a public house. When they returned home the deceased had a high blood alcohol level. A violent argument broke out and the deceased hit the appellant in the face. He then took a knife and held it out to her saying, ‘Stab me’. The appellant stabbed the deceased through the heart, causing his death. The appellant’s plea of guilty to manslaughter was accepted by the prosecution on the ground of lack of intention to cause grievous bodily harm. The trial judge sentenced the appellant to three years’ imprisonment.
Held: The appeal succeeded, and a sentence of two years probation substituted. The appellant had substantial mitigating factors to rely upon: there was the violence and provocation from the deceased which she had suffered over a period of time; in addition, the appellant suffered from clinical depression at the time of the killing.
Citations:
[1996] 1 Cr App R(S) 271
Jurisdiction:
England and Wales
Cited by:
Cited – Parnham, Regina v CACD 7-Feb-2003
The defendant appealed against his sentence of six years for manslaughter. His wife had attacked him with an iron bar and he had defended himself and hit her causing her death.
Held: The court had not given credit for his plea of guilty, and . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 11 October 2022; Ref: scu.518467