| Source: | All England Reporter |
| Publisher Citation: | [2006] All ER (D) 375 (Dec) |
| Neutral Citation: | [2006] EWHC 3241 (QB) |
| Court: | Queen's Bench Division |
| Judge: | Royce J |
| Judgment Dates: | 21 December 2006 |
Catchwords
Sentence - Mandatory life sentence - Murder - Minimum term - Reference to High Court for it to set offender's minimum term - Offender strangling his estranged partner - , Sch 22, para 6.
The Case
In the instant case, where the offender had strangled his estranged partner, whilst the minimum term under Sch21 to the would have been 13 years in the light of the mitigating factors and starting point of 15years; given that the minimum term could not be long greater than that which the Secretary of State was likely to have set under the practice before December 2002, the minimum term would be 12years less the 8months and 10days spent on remand in custody.
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