Source: All England Reporter
Publisher Citation: [2006] All ER (D) 269 (Dec)
Court: Queen's Bench Division
Judge:

Cooke J
Judgment Dates: 14 December 2006

Catchwords

Sentence - Murder - Mandatory life sentence - Minimum term - Application for review - Whether minimum term to be reduced - , Sch 22, para 3.

The Case

In a reference to the High Court pursuant to para3 of Sch22 to the the offender's early release provisions would apply as soon as he had served the period of 15 years in prison from the date of his conviction. Although there had been some strong mitigating factors, in the shape of an immediate confession of the killing to his parents and co-operation with the police and acceptance of guilt, combined with the evidence of his depression, if the offender had been sentenced on the day of the appeal the starting point would have been 30 years and the specified minimum term would have had to have been set some way above the 15 year period notified by the Secretary of State.

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