A man was convicted of manslaughter after hitting a woman with his car. He tried to appeal his 12-year sentence, but the court said the sentence was fair because he recklessly put people in danger with his car. His appeal was rejected.
Key Facts
- •On 23 October 2021, the applicant (Shaun Hall) unlawfully killed Clare Gafan by striking her with his car.
- •A few days earlier, the applicant committed a dwelling burglary.
- •The applicant had recently lost his employment and relapsed into cocaine use.
- •The applicant drove towards a group of people, striking the deceased after she approached his car.
- •The applicant's car reached approximately 19 mph, covering 8 meters in 1.8 seconds.
- •The deceased suffered unsurvivable brain injuries and died two days later.
- •The applicant left the scene and contacted a car recovery company, claiming to have hit an animal.
- •The applicant had prior convictions for dishonesty, low-level violence, and dangerous driving (1995-2013).
- •The applicant pleaded guilty to burglary and was convicted of manslaughter.
Legal Principles
Sentencing guidelines for unlawful act manslaughter.
Sentencing Council Guideline on Unlawful Act Manslaughter
Outcomes
The renewed application for leave to appeal against sentence was refused.
The court upheld the trial judge's categorization of the manslaughter as culpability B, considering the dominant factor to be the obvious risk of serious harm created by the applicant's actions. The 12-year sentence for manslaughter and the consecutive 2-year sentence for burglary were not deemed manifestly excessive.
Application to extend time was refused.
This followed the refusal of the leave to appeal.