| Source: | All England Reporter |
| Publisher Citation: | [2006] All ER (D) 353 (May) |
| Neutral Citation: | [2006] EWHC 1098 (QB) |
| Court: | Queen's Bench Division |
| Judge: | Openshaw J |
| Judgment Dates: | 25 May 2006 |
Catchwords
Sentence - Mandatory life sentence - Murder - Minimum term - Reference to have minimum term set - , Sch 22, para 6.
The Case
Where the offender's explanation of the circumstances regarding the death of the victim, namely that she had been asphyxiated during consensual sexual bondage and erotic asphyxia, had been rejected by the jury he could not seek to reargue the matter on a reference by the Secretary of State for the Home Department to have his minimum term set pursuant to para6 of Sch22 to the . In those circumstances, the minimum term would be 14 years reduced by the period of 9 months and 27 days which the offender spent in custody before being sentenced.
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