CONTACT US
Drystone Chambers
35 Bedford Row
London
WC1R 4JH
DX: 332 London/Chancery Lane
Allison Summers K.C. leading Rebecca Penfold resists application by Solicitor General to increase the sentence for manslaughter of a 16-year-old.
Operation Hardwick involved the killing of a 14-year-old boy on a street in north Manchester on the 8th of June 2025. Another 14-year-old boy (Boy A) inflicted the fatal blow. His 16-year-old friend (Boy B) had handed him the knife during a confrontation with the deceased and his group of four others. The 16-year-old’s case was that he had taken the knife out when the principal asked for it, intending that the knife would be used only to threaten and cause the group of five to back away. Indeed, this was how the principal initially used the knife and as the 16-year-old said in his evidence, “I thought when they backed off that would be it.” Sadly, it wasn’t. The principal, for reasons that may never be known, then chased the 14-year-old boy across the road and when the boy lost his footing, attacked him with the knife on the ground. The boy died shortly thereafter from a single stab wound to the heart.
Boy A was convicted of murder and sentenced to be detained During His Majesty’s Pleasure with a minimum term of 11 years and 42 days.
Boy B and another 14-year-old (Boy C) were convicted of manslaughter. Boy B, was sentenced to a period of detention of 2 years and 10 months and Boy C, was sentenced to a period of detention of 2 years and 4 months.
The Solicitor General decided to apply to the Court of Appeal to refer the sentences imposed on all three children under the provisions of section 35 and 36 of the Criminal Justice Act 1988, on the grounds that the sentences imposed were unduly lenient.
Representing Boy B, who at the time of the hearing on 10/06/26 was 1 month away from release, Allison Summers K.C. resisted the submissions made on behalf of the Solicitor General.
The Court of Appeal (Lady Justice May, Mr Justice Saini, and HHJ Picton) was not persuaded that any of the sentences were unduly lenient and refused leave.
In respect of the sentences relating to Boys B and C, the primary submission on behalf of the Solicitor General was that applying the Guidelines for manslaughter it ought to have been obvious to the defendant that there was a high risk of death or GBH arising from the unlawful act. As such their culpability fell within the higher category (category C) and if this were correct, the starting point for an adult offender would be 12 years. Making allowance for the age, maturity and personal circumstances of Boys B and C, sentences of less than 3 years’ detention were unduly lenient.
The submissions advanced on behalf of Boy B was that whilst the manslaughter guidelines have some applicability, the relevant guidelines to be applied were the Sentencing Children and Young People Guideline which the judge had been faithful to. Further it was important to appreciate that the manslaughter guidelines were adult guidelines and what ought to have been obvious to an adult offender would not necessarily be obvious to a child offender. The judgment is expected imminently.
Allison Summers KC was called to the bar in 2000 and took Silk in 2020. She is ranked as a Leading Silk in Chambers UK Bar 2026 and Legal500 2026. Allison has a national defence-based practice, and specialises in cases involving homicide, other serious violence, and sexual offences. She appeared in the 2022 BBC documentary Sexsomnia: Case Closed? which looked at some of the legal issues relating to prosecuting and defending cases when sexsomnia was raised.
To instruct Allison, please contact the Practice Director, Chris Feathers, on 020 7404 1881.
