||All England Reporter
|| All ER (D) 10 (Jun)
|| EWHC 1197 (QB)
||Queen's Bench Division
||6 June 2007
Sentence - Mandatory life sentence - Murder - Minimum term - Reference to High Court for minimum term to be set - Appropriate minimum term - , Sch 22, para 6.
Sentence Mandatory life sentence. A minimum term of 14 years was set pursuant to a reference by the Secretary of State under para6 of Sch22 to the . The aggravating factors were that the offender had played a leading role in starting the attack on the victim and had encouraged the involvement of others. He had also encouraged a higher degree of violence and had inflicted the most serious injuries. Moreover, the victim suffered considerably during the assault. There was also some aggravation in the failure to call for help after the assault. As to mitigating factors there was some basis for the argument that the offender did not intend to kill, and at least had not thought that he had done so, from the fact that he had returned the next morning. It was impossible to make any allowance for his unhappy upbringing in the absence of any evidence which showed that there was a causal link in a way which would reduce his culpability. There was also no evidence of mental disorder or disability.
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