Source: All England Reporter
Publisher Citation: [2006] All ER (D) 38 (Apr)
Neutral Citation: [2006] EWHC 700 (QB)
Court: Queen's Bench Division
Judge:

Gross J

Judgment Dates: 5 April 2006

Catchwords

Sentence - Mandatory life sentence - Murder - Minimum term - Setting - Appropriate minimum term - , Sch 22, para 6.

The Case

Although the offender's minimum term under the would have been 15 years' imprisonment for murder, there was no reason to suppose that the Secretary of State, under his former practice, would have set the minimum term in excess of 14 years, as recommended by the trial judge and the Lord Chief Justice. Accordingly, in order to comply with the principle of non-retroactivity, the offender's minimum term would be set at 14 years, less time spent in custody on remand.

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