Key Facts
- •Michael Hannan pleaded guilty to the manslaughter of James O'Hara.
- •Hannan punched O'Hara, causing significant facial injuries and skull fractures.
- •O'Hara died six days later from acute bacterial meningitis, resulting from the skull fracture.
- •Hannan sent messages glorifying the assault and his actions.
- •Hannan claimed self-defense, but the judge found the assault unprovoked.
- •Hannan had previous convictions for assault.
Legal Principles
Section 36 of the Criminal Justice Act 1988 allows the Attorney General to refer a sentence deemed unduly lenient.
Criminal Justice Act 1988
Sentencing guidelines for manslaughter categorize offenses based on the level of harm intended and culpability.
Sentencing Council Guideline
Section 279 of the Sentencing Act 2020 allows for extended sentences if the offender is deemed dangerous.
Sentencing Act 2020
A judge's failure to obtain a pre-sentence report when indicated can constitute an error of procedure.
R v Johnson [2021] EWCA Crim 1683
Prosecution concessions on sentencing do not bind the Court of Appeal.
Attorney-General's Reference (R v Stewart) [2016] EWCA Crim 2238
Outcomes
The Court of Appeal granted leave to refer the sentence.
The judge erred in not considering the significance of Hannan's previous convictions and failing to obtain a pre-sentence report, which would have revealed the risk of future violence.
The original sentence of 5 years and 4 months imprisonment was quashed.
The Court substituted it with an extended determinate sentence of 10 years and 4 months (5 years 4 months custodial term and 5 years extended licence).