appellant

Earlier on Thursday, Alex Granville, representing Cush, said there was "significant mitigation for each appellant and significant circumstances", which may have not been properly considered.

"Nothing in this judgement should be taken in any way to detract from the gravity of the offences committed by this appellant," they said.

She continued: "In all the circumstances, we have no hesitation in concluding that the appellant's conviction for manslaughter is unsafe."

As Judge David Lewis, the only Black person on the Court of Criminal Appeals, pointed out at the time, Lumpkin’s “use of the ‘n’ word in this opinion was unnecessary to the reader’s understanding of the language used by the appellant, and unnecessary to the court’s resolution of this case.”

“We conclude the trial court failed to take some necessary factors into account during sentencing when considering whether appellant was eligible for probation,” he wrote.