Court of Appeal allows appeal of sentence imposed in the Central Criminal Court for an offence of manslaughter and replaces it with a sentence of ten years’ imprisonment (with final two years suspended), finding that the trial judge erred in locating the crime at somewhat too high a point that represented a category of gravity above that warranted by the facts.
Criminal law – sentencing – appeal against severity of sentence – manslaughter – 12 years' imprisonment, with the final two years suspended – Central Criminal Court – road rage – whether learned trial judge erred in principle and in law in his determination of sentence and that the sentence failed to take into account significant mitigating factors and was disproportionate – Irish Sentencing Information System – trial judge erred in locating the crime at somewhat too high a point that represented a category of gravity above that which was warranted by the facts – appeal allowed.