In March 2023, the West Yorkshire Police (WYP) Homicide and Major Enquiry Team began an investigation – Operation Pemberton. The Crown Prosecution Service (CPS) initially only authorised a charge of attempted robbery. They advised that the offence of manslaughter by an unlawful and dangerous act could not be sufficiently evidenced.
The Officer in Charge (OIC) from WYP approached the team at PNLD for expert legal advice on the case.
The circumstances were considered by PNLD Legal Manager, Nicola Robinson, and PNLD Legal Adviser, Shelley Gregory. On consultation of the relevant case law (specifically R v M [2012] EWCA Crim 2293), the team at PNLD formed the opinion that consideration could be given to the offence of ‘manslaughter by an unlawful and dangerous act’.
Both males were initially charged with attempted robbery and, following discussion with the CPS, where the legal advice provided by PNLD was put forward, they agreed that there was sufficient evidence to add a charge of manslaughter. Manslaughter charges were added to the indictment for both males at Leeds Crown Court. At a hearing in July 2023, both males pleaded guilty to attempted robbery and at a later hearing in September 2023, both males entered guilty pleas to the manslaughter charges.
One male was sentenced to nine years and nine months imprisonment for manslaughter with a concurrent term of seven years and six months for attempted robbery. The second male was sentenced to nine years imprisonment for manslaughter with a concurrent sentence of five years and seven months for attempted robbery.
When asked about the case, PNLD Legal Manager, Nicola Robinson stated “PNLD is regularly approached by the forces for assistance with a wide range of criminal cases, and our Legal Advisers do an invaluable and excellent job of locating and interpreting the relevant statutory provisions and case law, to provide specialist criminal law advice to those officers. However, it is not often that we are made aware of the results of those cases, once the investigation is complete. As such, I’m delighted to hear that our advice brought about such a positive result in this case, particularly given the seriousness of the offence involved. I’m really pleased that the legal guidance and advice that PNLD supplied made a difference to the outcome and to all those involved.”
A communication from West Yorkshire Police regarding the ruling can be found here.
