The phrase 'shock the public conscience' should no longer be used in Crown appeals against sentence; it is of uncertain content and liable to distract from the legal analysis required. The proper test is whether the sentence is so disproportionate to the seriousness of the crime as to require intervention to maintain standards of penalty and public confidence in the administration of justice. The sentencing discretion for manslaughter is very wide and largely incompatible with the formulation of tariffs and standards, which is an inhibiting factor on the granting of permission to the prosecution to appeal.
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