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R v Mark Green

8 December 2023
[2023] EWCA Crim 1567
Court of Appeal
A man punched another man so hard he died. The man who punched him got 8 years in prison. He appealed, arguing the sentence was too harsh, but the court said it was fair considering how hard he punched the victim and his past violent behavior. The appeal was rejected.

Key Facts

  • Mark Green (appellant) punched Anthony Armstrong, causing a fatal skull fracture and brain haemorrhage.
  • The incident occurred after a verbal altercation outside a food bank.
  • Green initially lied to police, claiming Armstrong tripped and fell.
  • Green pleaded guilty to manslaughter.
  • Green had previous convictions for violence.

Legal Principles

Sentencing guidelines for manslaughter, considering culpability categories (Category B: high culpability) and credit for guilty pleas.

Sentencing Council guideline

Determining appropriate credit for a guilty plea, considering the timing and nature of the admission of responsibility.

R v Plaku [2021] EWCA Crim 568

Assessment of aggravating and mitigating factors in sentencing.

Sentencing Council guideline

Outcomes

Appeal dismissed.

The court upheld the eight-year sentence, finding the judge correctly categorized the offense as Category B high culpability and appropriately assessed credit for the guilty plea (25%, not one-third).

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