Carl Eldred [2019] EWCA Crim 1595

The appellant was sentenced to 4 years’ imprisonment for the manslaughter of his brother. The brothers had been out with their dad and friends, when on their way home in a minibus, the appellant punched his brother downwards towards the head several times. Death resulted from a traumatic subarachnoid haemorrhage, with a rapid collapse
and usually associated with intoxication.

The appellant was extremely remorseful, and his family were supportive and forgiving.

The judge considered the case fell into category C of the guidelines for unlawful act manslaughter. The aggravating factor was the amount of alcohol the appellant had consumed. The mitigating factors were his remorse, guilty plea, positive good character and lack of any premeditation. The case was borderline category C and D. The aggravating factor of the level of intoxication was outweighed by the particular circumstances of the offence and the substantial personal mitigation and remorse. The sentence was manifestly excessive and was substituted with one of 3 years’ imprisonment.