The appellant had been convicted of manslaughter on an indictment for murder. In the course of an argument with his wife he fetched a knife from the kitchen to frighten her; the argument turned into a fight in the course of which his wife received a fatal stab wound. The appellant claimed that the wound was inflicted accidentally, without any intent to kill or cause grievous bodily harm. The jury rejected the defence of accident, but found that the defendant was guilty of manslaughter rather than murder because his intention did not extend to an intent to cause death or really serious bodily harm. The defendant was sentenced to seven years’ imprisonment.
Held: The sentences was reduced to five years’ imprisonment. Mann LJ noted the lack of intent as being a central feature of the jury’s verdict and although such a killing had to be marked by a prison sentence, the court considered that seven years was manifestly excessive.
Judges:
Mann LJ
Citations:
(1990) 12 Cr App R(S) 585
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: 20 May 2022; Ref: scu.518466