||All England Reporter
|| All ER (D) 170 (May)
|| EWHC 859 (QB)
||Queen's Bench Division
||10 May 2007
Sentence - Mandatory life sentence - Murder - Minimum term - Reference to High Court for it to set offender's minimum term - , Sch 22, para 6.
Sentence Mandatory life sentence. A minimum term of 14 years was set under para6 of Sch22 to the in respect of an offender who had murdered his ex-partner's two-month old baby with another man. In the light of the following aggravating factors: the fact that the deceased had been a tiny defenceless child; and the fact that the offender had acted in gross breach of trust, that starting point would be raised to 16 years. Taking into account the following mitigating factors: (i) the lack of previous convictions; (ii) the fact that the offender had had no intention to kill; and (iii) fact that he was genuinely remorseful, the minimum term would be 14 years less nine months and three days for time spent in custody on remand. The offender would serve a minimum term of 13 years and 3 months before the early release provisions would apply to him.
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