||All England Reporter
|| All ER (D) 96 (Apr)
|| EWHC 674 (QB)
||Queen's Bench Division
||7 April 2006
Sentence - Mandatory life sentence - Murder - Minimum term - Reference by Secretary of State to set minimum term - , Sch 22, para 6.
In the circumstances, the offence of murder committed by the offender had involved a planned, premeditated attack by men armed with firearms launched against an unarmed man and committed in the presence of his family and, having regard to Sch21 of the the offence would have therefore attracted a starting point for the minimum term of 30 years. However, under s269(2) of the 2003 Act, the minimum term set must not be greater than that which under the pre-December 2002 practice the Secretary of State would have been likely to set and therefore the appropriate minimum term would be 16 years from which would be deducted the period spent on remand, namely 9 months and 13 days.
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