If you want manslaughter to carry a longer sentence, then you need to change the law….

Yes, it should along the lines of Austrialia’s mandatory eight-year prison terms. That is for those under the influence of drink. In this case were there is no clouding of judgement through alcohol then it should be classed as murder. There have been many instances of these one punch deaths in the media for everyone to know what the outcome could be. The CPS and judges may then get the sentence for the crime committed by this cowardly scum.

From: http://www.cps.gov.uk/legal/s_to_u/sentencing_manual/involuntary_manslaughter/

Single punch manslaughter cases:

R v Furby [2006] 2 Cr.App.R.(S.) 8 – guideline case
Appellant and deceased were good friends. For a reason that the court regarded as an explicable reaction, the appellant struck a single punch of moderate force to the right cheek, the deceased collapsed to the ground and died due to a subarachnoid haemorrhage. Appellant of good character. Sentence reduced to 12 months imprisonment. Case law cited confirms that if there are aggravating circumstances the sentence could be as high as four years.

Footflaps, that quote is so far away from Andrew Young’s death that it only compares with the tragic outcome.
Andrew Young and Lewis Gill were not “good friends”. Lewis Gill did not throw a “punch of moderate force”.

Footflaps, that quote is so far away from Andrew Young’s death that it only compares with the tragic outcome.

However I guess it is the case law used in this case, given the sentence was exactly 4 years.

The Manslaughter sentencing manual is where you’d start if you wanted guidance on a sentence for manslaughter…

In that case Lewis Gill should not have been charged with manslaughter but murder. There was no accident about the vicious attack. It wasn’t heat of the moment, he was stood there until his mate moved on then attacked Andrew Young. He knew the potential outcome of his attack unless he thought the headgear is used in boxing was for fun.
I know you are trying to defend the sentence given within the guidelines. In this case the CPS should have charged Lewis Gill with murder and then the judges could have given a sentence that fitted the crime. The justice system has let down Andrew Young and his family. I only hope that justice finds Lewis Gill the most painful way in prison. I would feel no remorse if this person died in there.

Pleading guilty = lower sentence-didn’t have much choice when he was shown the video did he? I wonder what story the killer would have come up with if there had been no CCTV no doubt backed up by his pals ?
These sort of horrible crimes are far too commonplace.Before the days of CCTV the thugs involved usually denied even being there and so the Police had a hell of a job trying to prove their case.At least now CCTV helps nail them.

You’d have to prove premeditated intent for a murder conviction, which would be unlikely in this scenario.

NB I’m not saying I agree with the outcome, just that blaming the judge is miss-placed. Due process was followed by all. You need a change of sentencing guidelines to get tougher sentences for this case, which, as there is case law in existence, would need an act of parliament to over rule the case law (AIUI).

Murder is an offence under the common law of England and Wales. It is considered the most serious form of homicide, in which one person kills another with the intention to unlawfully cause either death or serious injury

.

Under the definition above surely with Lewis Gill’s boxing background and the force of the attack not be enough of an intention cause “unlawfully cause either death or serious injury”.

nope.

You have to prove intention beyond reasonable doubt. Can’t see how you’d manage that.

As I keep pointing out, punching someone does not normally end up killing them!

Which is exactly why we need a 2nd degree murder charge. He undertook a course of action which he must have known carried the possibility of killing the man.

I don’t usually go all Daily Mail and scream about injustice or British law, but in this case I really think it is lacking.

Mods, can you please remove the video please? I saw an edited version on the news this morning and made me physically feel sick…

The guy should be locked up for far far longer.