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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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