Attorney General's Reference No 29 Of 2014
2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
- LORD JUSTICE TREACY
- MR JUSTICE BURTON
- MR JUSTICE SUPPERSTONE
Areas of Law
- Criminal Law and Procedure
2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
AI Generated Summary
The offender, initially acquitted of murder, pleaded guilty to manslaughter after a confrontation involving his partner and the deceased. He received an extended sentence with a custodial term of 6 years, deemed unduly lenient upon review. The court highlighted aggravating and mitigating factors and adjusted the custodial term to 8 years, ensuring sentencing aligned with legal guidelines and reflecting the offense's severity.
J U D G M E N T
1. LORD JUSTICE TREACY:
2. This is an Attorney General's reference pursuant to section 36 of the Criminal Justice Act 1988. On 25 February 2014 after a trial at the Central Criminal Court the offender was acquitted of murder. He had pleaded guilty to manslaughter on the first day of the trial. Sentence was adjourned for the preparation of a pre-sentence report. On 14 March 2014, the offender was sentenced to an extended sentence. The custodial term imposed was one of 7 years and 6 months. The extension period was 5 years. However, pursuant to the slip rule, the judge had the case relisted on 4 April 2014. On that date the judge altered the custodial element of the sentence so that the custodial term was now 6 years. The extension period remained at 5 years. The Attorney General's reference is directed to the custodial element of the sentence imposed.
3. In briefest outline, the deceased had begun a relationship with the offender's partner, Ms Dooley, in the two or three days prior to the killing. On the day of the killing, the offender, Ms Dooley and the deceased found themselves together in a flat. It seems that the deceased made a humiliating remark about the offender, at which the offender picked up a knife which was on the table and stabbed the deceased repeatedly.
4. Developing that outline in somewhat more detail, the evidence shows that the offender had been in a relationship with Ms Dooley for about 18 months. Ms Dooley had at some time in the past previously been in a long-term relationship with a man called Roger Thornton, whose name will feature later in this narrative. The deceased, Colin Bolton, happened to live in the same block of flats as Ms Dooley and the pair were friends. However, in the days leading up to the fatal incident their relationship had become closer. The pair spent the night of 7 June 2013 together at Mr Bolton's flat. They agreed that Ms Dooley would end her relationship with this offender. Ms Dooley wanted to wait until the following Monday, 10 June, in order to inform the offender. However, Mr Bolton did not wait. He told this offender and Roger Thornton by telephone on 8 June that he and Ms Dooley were now in a relationship. It appears that he may also have placed some information about his new relationship on Facebook. Ms Dooley was annoyed by this and argued with Mr Bolton before returning to her own flat.
5. On the same day, 8 June, Mr Bolton happened to be driving past the offender. Mr Bolton