Practice and Procedure

RE ATTORNEY GENERAL'S REFERENCE (NO.78 OF 2006) (2006)

PUBLISHED October 24, 2006
SHARE

[2006] EWCA Crim 2793

A sentence of two years and three months for an offence of manslaughter was unduly lenient, the judge having not taken sufficient account of the fact that the offence was racially aggravated and having failed to follow a two stage process of identifying first the sentence he would have passed if the offence had not been racially aggravated and then adding an appropriate uplift to reflect the racial element. Taking into account double jeopardy a sentence of three years was substituted.

CA (Crim Div) (Tuckey LJ, Holman J, Penry-Davey J)

24/10/2006

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