Source: All England Reporter
Publisher Citation: [2007] All ER (D) 331 (Jun)
Neutral Citation: [2007] EWHC 1462 (QB)
Court: Queen' Bench Division
Judge:

Calvert-Smith J
Judgment Dates: 27 June 2007

Catchwords

Sentence - Mandatory life sentence - Murder - Minimum term - Reference to High Court for minimum term to be set - Appropriate minimum term - , Sch 22, para 6.

The Case

Sentence Mandatory life sentence. A minimum term of 11 years less 64 days spent in custody in remand was set on a reference pursuant to para6 of Sch22 to the in respect of an offender who had caused the death of 63-year-old alcoholic during an argument. None of the injuries inflicted were life threatening but the victim had a weak heart. However, the 11 years was appropriate because the trial judge in making his recommendation had reported that there was a distinct possibility that the offender had in fact intended to kill and, more particularly, because of the offender's callousness and indifference to the fate of the victim after the assault was over.

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