||All England Reporter
|| All ER (D) 05 (Dec)
|| EWHC 2951 (QB)
||Queen's Bench Division
||30 November 2006
Sentence - Mandatory life sentence - Murder - Minimum term - Reference to High Court for it to set minimum term - , Sch 22, para 6.
While the statutory provisions did not prohibit a minimum term greater than that recommended by the trial judge, it would be only exceptionally that a longer term would be fixed. Accordingly, in the instant case where the offender, who was intoxicated at the time, had murdered a friend by kicking him around the head while the deceased was lying motionless, the minimum term would be set at 10 years, which was the same period as that recommended by the trial judge.
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