Sentencing judges should avoid characterising manslaughter offences by reference to a hypothetical range of seriousness, given the great variety of circumstances affecting culpability. The distinction between objective seriousness and moral culpability must be maintained; a finding about moral culpability should not be translated into a finding about objective seriousness. For manslaughter by unlawful and dangerous act involving kicking and stomping on a victim's head in an alcohol-fuelled confrontation, a starting point near the maximum penalty (25 years) is not warranted even where the offender has a poor criminal record including prior similar violence.
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