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Imprisonment for Manslaughter Successfully Appealed

Nadine Radford QC, instructed by Edward Hayes LLP and leading Hannah Smith In House Counsel, successfully appealed a sentence of three years’ imprisonment for manslaughter and had it replaced with two years’ imprisonment, suspended for two years with a residence requirement and mental health treatment requirement.

The Appellant, aged 81 at the time of sentence, had been a carer for his wife of sixty years as her health deteriorated.  His own health suffered and, at the time that he killed her by stabbing, his mental state was compromised to the extent that he was acting under diminished responsibility.

The Court of Appeal ruled that judge’s sentence was neither wrong in principle nor manifestly excessive, but was prepared to grant mercy.  The Appellant’s depression, sleep deprivation, exhaustion, urinary tract infection and dementia (that had become more pronounced since his incarceration) amounted to considerable mitigation and his deteriorating health allowed the Court to do justice by imposing a sentence that allowed for the Appellant’s release from prison.

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Head Office: Central London
Tel: 020 7353 0011
Manchester
Tel: 0161 341 0503
Chichester
Tel: 01243 781431
Worthing
Tel: 01903 215999
Horsham/Gatwick
Tel: 01403 878024
Havant/Portsmouth
Tel: 02392 479872
Littlehampton
Tel: 01903 759024
East Wittering
Tel: 01243 672124
Isle of Wight
Tel: 01983 533006
Basingstoke
Tel: 01243 781431
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Fax: 020 7427 7391
Email: info@edwardhayes.co.uk

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