Tag: appeal against sentence

An unsuccessful AG reference demonstrates that departing from sentencing guidelines should be rare

The Court of Appeal refused to refer sentences as unduly lenient of 3 child defendants convicted of manslaughter of a police officer.

Court of Appeal judgment – calculating sentence reduction for age and vulnerability

 The Court of Appeal held that a sentence of 18 years detention for an offence of manslaughter, where the Appellant was 17 years and 7 months old at the time of the offence, was manifestly excessive. The sentence was reduced to 12 years on the basis that not enough weight had been attached to the appellant's youth and vulnerability.

R v Cleland: The consideration of a hospital order by the Court of Appeal with fresh evidence of a child’s autism

The Court of Appeal replaced the sentence of life detention for attempted murder imposed on a 16 year old (at the time of the offence) with a hospital and restriction order under section 37 and 41 of the Mental Health Act 1983 after fresh evidence was placed before the court that, at the time of the offence, the offender had been suffering from autistic spectrum disorder.