Manslaughter - Unlawful Act
Date produced: January 2012
Title: Homicide
Offence: Unlawful Act Manslaughter
Mode of Trial: Indictable Only
Statutory Limitations & Maximum Penalty: Life
The Court of Appeal have said that sentences for these type of offences cover the widest band of sentences for any type of offence. Regard should be had to Banks on Sentence at Volume 2 page 675 et sequitur or CSP B1-3.
Aggravating and Mitigating Features
The Court would look at the following;
- the context in which the death occurred. If it was particularly reprehensible conduct or conduct which called for deterrence the Court would be bound to impose a sentence longer than might otherwise be the case e.g. street robbery
- Whether violence was contemplated or intended by the defendant. If so then the Court should then consider the risk inherent in what was done and the extent to which it was obvious to those involved. See Att-Gen's References (No 19-21) [2002] 1 Cr. App. R. (S) 33
Relevant Sentencing Case Law
Attorney General's Reference (No 60 of 2009) Appleby [2010] 2 Cr. App. R. (S) 46 - this case deals with unlawful violence leading to death. Crimes that result in death should be treated more seriously and dealt with more seriously than before. This case dealt with gratuitous unprovoked violence in public at night.
Attorney General's Reference (No 111 of 2006) Hussain [2007] 2 Cr. App. R (S) 26
In motor manslaughter cases any animosity shown by the defendant towards the victim will be relevant.
Sentencing guidance based on causing death by dangerous driving may be of some assistance.
Case none of which are guideline and in which the facts vary hugely suggest a bracket of 4-7 years.
Ancillary Orders
- Where committed by a driver of a car disqualification from driving for a minimum of 2 years and endorsement are compulsory.
Consider Also
- Serious specified violent offence. CJA 2003 Schedule 15A applies.
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