On a sentence appeal from a manslaughter conviction arising from the killing of an abusive parent, the court held that the sentencing judge committed reviewable errors in principle.
The judge applied an unduly narrow penitentiary range, failed to treat provocative conduct as relevant mitigation, and misapprehended the evidence by overstating the time between the sexual assault and the homicide.
Given the offender's reduced moral culpability, lack of record, guilty plea, trauma history, and treatment needs, the original four-year penitentiary sentence was unfit.
The appeal was allowed and the sentence was reduced to time served with probation.
