R v Shaun Hall
[2023] EWCA Crim 797
Rex v Carrie McGuinness
4 July 2023
[2023] EWCA Crim 847
Court of Appeal
Carrie McGuinness stabbed her partner and was sentenced to 18.5 years in prison. She appealed the sentence, arguing she wasn't dangerous, her responsibility was lower, and the judge made mistakes. The court disagreed, saying her history of violence and alcohol abuse made her dangerous, that she knew the risks but chose to ignore them, and that the judge fairly considered all the factors. So, her sentence stayed the same.
Key Facts
- •Carrie McGuinness (aged 35) pleaded guilty to manslaughter by reason of diminished responsibility for the fatal stabbing of her partner, Steven Davies (aged 39).
- •The stabbing occurred on June 9, 2022, and Davies was found dead on June 15, 2022.
- •McGuinness's diminished responsibility plea was based on severe alcohol dependency syndrome, supported by psychiatric evidence.
- •The judge considered psychiatric reports, a pre-sentence report, and the aggravating and mitigating factors.
- •McGuinness had previous convictions for driving with excess alcohol, assault occasioning actual bodily harm (domestic violence), and harassment.
- •The judge deemed McGuinness a dangerous offender due to her history of violence and alcohol abuse within domestic relationships.
Legal Principles
Guidelines on manslaughter by reason of diminished responsibility.
Sentencing guidelines
Assessment of dangerousness for extended sentences.
Dangerous offender provisions of the Act
Outcomes
Leave to appeal refused on all grounds.
The judge's assessment of dangerousness, level of retained responsibility, and balancing of aggravating and mitigating factors were deemed appropriate.
Dangerousness finding upheld.
McGuinness's history of domestic violence and alcohol abuse, coupled with the seriousness of the offence, justified the extended sentence.
Medium level of retained responsibility upheld.
Despite involuntary alcohol dependence, McGuinness's awareness of the risk of violence, failure to seek help, and continued contact with the victim despite bail conditions supported the medium responsibility assessment.
Starting point of 17 years upheld.
The judge's consideration of aggravating factors (previous convictions, offence committed on bail, use of a knife, failure to seek medical attention) outweighed mitigating factors (single stab wound, lack of intent to kill).