Kirsty Brimelow KC successfully appeals 9 years’ imprisonment sentence for offence of manslaughter. Sentence reduced by the Court of Appeal to 5 years 6 months' imprisonment
Kirsty Brimelow KC led Steve Donnelly during the trial and was instructed by Elmira Mirzayan of Hine Solicitors.
The Court of Appeal quashed the sentence for manslaughter from 9 years’ imprisonment to five years’ six months imprisonment.
The appellant, NW, appealed the sentence of 9 years’ imprisonment imposed on 16 January 2025 for the offences of manslaughter and 1 year four months’ imprisonment imposed for having a bladed weapon, the sentencing running concurrent, Leave was given on 11 September 2025 on five of the six grounds and there was no limit on pursuing the sixth ground.
NW had been attacked by a group of young men, including the victim. NW was carrying a knife which he used at the time of the second attack. Tragically, he killed one man through a stab to the chest. NW was a vulnerable person who was picked upon by the group and sustained considerable injuries from their attack. NW was immediately remorseful and was heard by witnesses saying, “you made me do this”, in distress. The Court of Appeal heard submissions that the appropriate sentence was low culpability or that it was nearer the starting point of medium culpability of the Sentencing Guidelines, namely 6 years’ imprisonment. They also agreed to reopen examination of the mitigation. They rejected low culpability and found that the culpability was medium, due to the use of knife. The Court of Appeal ruled the the appropriate starting point was 6 years’ imprisonment and further reduced it for mitigation to 5 years and 6 months imprisonment.
