A sentence of 9 years' imprisonment for manslaughter by unlawful and dangerous act, where the offender held a loaded revolver to the victim's head and pulled the trigger but did not intend the gun to discharge, was held by the majority not to be manifestly inadequate, though the dissent would have imposed 12 years. The absence of intention to discharge a firearm is a relevant mitigating factor in manslaughter sentencing that distinguishes the case from manslaughter where the offender intended to cause harm. The Director cannot on appeal put the case on a factual basis different from the sentencing judge's unchallenged findings.
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