| Source: | All England Reporter |
| Publisher Citation: | [2006] All ER (D) 85 (Jun) |
| Neutral Citation: | [2006] EWHC 1168 (QB) |
| Court: | Queen's Bench Division |
| Judge: | Rafferty J |
| Judgment Dates: | 12 June 2006 |
Catchwords
Sentence - Mandatory life sentence - Murder - Minimum term - Reference to have minimum term set - , Sch 22, para 6.
The Case
Pursuant to a reference by the Secretary of State for the Home Department under para6 of Sch22 to the a minimum term of 12 years less the 8 months and 22 days spent in custody awaiting trial would be set in respect of the offender who had been convicted of murder in circumstances where the aggravating features were that he he had two previous convictions for assault occasioning actual bodily harm and the use of a Stanley knife against an unarmed man. Mitigating features were that the offence occurred in the offender's home, that he had not been the instigator of the initial violence, that there was nothing to suggest premeditation, that there had been a prior attack upon him by the victim and that in prison he would endure difficulties because the offender was very deaf and had a significant speech impediment.
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