||All England Reporter
|| All ER (D) 380 (Nov)
||Court of Appeal, Criminal Division
Gage LJ, Underhill J and Sir Richard Curtis
||Paul Mendelle QC and Tyrone Smith (assigned by the Registrar of Criminal Appeals) for the defendant.
||Oliver Glasgow (instructed by the Crown Prosecution Service) for the prosecution.
||23 November 2007
Sentence - Custody for life - Minimum term - Murder - 18-year-old defendant - Defendant shooting deceased dead outside deceased's home - Judge concluding that 30-year starting point appropriate - Judge making discount of ten years to reflect defendant's young age - Judge reviewing aggravating and mitigating features - Judge setting minimum term of 25 years - Whether desirable or necessary on authorities to specify period of discount for defendant's age before assessing mitigating and aggravating features - Whether minimum term manifestly excessive.
SentenceCustody for life. In the instant case, where the 18-year-old defendant had shot the deceased dead outside his home in broad daylight, having perceived disrespect and feared losing face among his peers, the 25-year minimum term of his sentence of custody for life following his conviction for murder was not manifestly excessive when considering all the relevant features, including the defendant's age, and the factors set out in Sch 21 to the . The authorities were not support for the proposition that a judge was required to state a specific discount from the appropriate starting point to allow for the defendant's age, before turning to consider the aggravating and mitigating features. To do so did not accord with the meaning of Sch 21 to the Act and, more importantly, it was not helpful or desirable to attach figures to a particular element in what was an overall exercise in which a number of features would interact.
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