Source: All England Reporter
Publisher Citation: [2006] All ER (D) 96 (Apr)
Neutral Citation: [2006] EWHC 674 (QB)
Court: Queen's Bench Division
Judge:

Butterfield J

Judgment Dates: 7 April 2006

Catchwords

Sentence - Mandatory life sentence - Murder - Minimum term - Reference by Secretary of State to set minimum term - , Sch 22, para 6.

The Case

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.

If you are a LexisLibrary subscriber you can read more about this case here.