NEWS

20 Sep 2019

Manslaughter sentence appeal – Oliver Saxby QC and Danny Moore defending

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The Court of Appeal has allowed the appeal against sentence of a man who had killed his brother in an argument in the back of a taxi after a night out with friends and family.

Carl Eldred and his brother Lee had become involved in a dispute, both having consumed a fair amount of alcohol, which resulted in Carl repeatedly punching his brother to the back of his head. Tragically, this assault caused a fatal bleed in Lee’s brain and he died shortly thereafter. Originally charged with murder and manslaughter, Mr Eldred appeared at Maidstone Crown Court where his plea to manslaughter was accepted by the Crown and he was sentenced to 4 years’ imprisonment – the learned judge having identified 6 years’ imprisonment as an appropriate starting point after a trial.

Mr Eldred duly lodged grounds of appeal, arguing that a sentence of 3 years’ was appropriate. Leave having been granted, Lady Justice Nicola Davis, Mr Justice Lavender and Mr Justice Nicklin today heard oral argument from Oliver Saxby QC and were persuaded that 3 years’ imprisonment was, indeed, the right sentence in this unusual case – substituting this for the original sentence imposed.

The case involved a thorough analysis of the relevant Sentencing Guidelines, and how in this case they should be interpreted.

Oliver Saxby QC was leading Danny Moore, instructed by Vymans Solicitors, Maidstone.

Richard Barraclough QC led the prosecution.

Oliver Saxby QC is one of three Silks shortlisted for Chambers and Partners Crime Silk of the Year, 2019.