ZA v R
[2023] EWCA Crim 596
R v NH
10 February 2023
[2023] EWCA Crim 241
Court of Appeal
A teenager was convicted of killing someone and having a knife. The court said his long sentence for killing someone was fair, but changed his shorter sentence for the knife because it was given incorrectly.
Key Facts
- •Applicant (NH), born December 4, 2005, convicted of manslaughter (count 1) and possessing a bladed article (count 2).
- •On June 11, 2021, NH fatally stabbed Jalan Woods-Bell during a gang-related attack.
- •NH was 15 ½ years old at the time of the offense and 16 years, 9 months old at sentencing.
- •NH's defense was lack of intent to cause harm.
- •The trial judge sentenced NH to an extended sentence of 13 years for manslaughter (10 years custody, 3 years extended license) and a concurrent 2-year sentence for possessing a bladed article.
- •The appeal challenged the sentence's categorization, starting point, and the reduction for youth.
Legal Principles
Manslaughter sentencing guidelines (culpability categories A and B)
Manslaughter guideline
Sentencing Act 2020, sections 249 and 250 (regarding sentences available for young offenders)
Sentencing Act 2020
Youth Justice and Criminal Evidence Act 1999, section 45 (reporting restrictions)
Youth Justice and Criminal Evidence Act 1999
Outcomes
Appeal dismissed regarding the manslaughter sentence.
The court upheld the judge's categorization of the offense as very high culpability (Category A), rejecting the argument of double-counting and finding that intention and risk are distinct concepts. The discount for youth was deemed appropriate.
The 2-year sentence for possessing a bladed article was quashed and replaced with 'no separate penalty'.
The original sentence was not available under sections 249 and 250 of the Sentencing Code 2020.