R v Erik Feld
[2024] EWCA Crim 59
Ben Oliver v R
30 March 2023
[2023] EWCA Crim 336
Court of Appeal
A man killed his grandfather, partly because of mental health problems and learning about his grandfather's past abuse. The judge gave him a life sentence because he was deemed dangerous due to the violence and his past. The appeal court agreed with the sentence.
Key Facts
- •Ben Oliver pleaded guilty to manslaughter of his grandfather after being acquitted of murder due to diminished responsibility.
- •He was sentenced to life imprisonment with a minimum term of 9 years and 124 days.
- •The appellant had a complex background including abuse, mental health issues (autism spectrum disorder, depression), and a previous conviction for rape.
- •The killing involved multiple stab wounds and was preceded by a period of mental health deterioration exacerbated by the pandemic and revelations about his grandfather's past behavior.
- •Psychiatric assessments indicated impaired ability to form rational judgment, but not psychosis.
- •The judge considered aggravating factors (victim vulnerability, previous offending) and mitigating factors (abusive childhood, mental health, remorse) as balancing out.
Legal Principles
Sentencing for manslaughter due to diminished responsibility involves assessing the level of responsibility retained and placing it within the appropriate guideline range.
Sentencing Guidelines
Section 285 of the Sentencing Act 2020 allows for life sentences if the offender is considered dangerous.
Sentencing Act 2020, s. 285
Determining dangerousness requires consideration of previous offences, pattern of behavior, and risk of future harm.
Sentencing Act 2020, s. 308
The seriousness of an offense to justify a life sentence depends on the offense itself, previous convictions, danger to the public, and available alternative sentences.
Attorney General’s Reference No 27 of 2013, (R v Burinskas) [2014] EWCA Crim 334
Outcomes
Appeal dismissed.
The judge's approach to assessing responsibility retained, considering aggravating and mitigating factors, and determining dangerousness was deemed appropriate and not manifestly excessive.