| Source: | All England Reporter |
| Publisher Citation: | [2007] All ER (D) 123 (Oct) |
| Neutral Citation: | [2007] EWCA Crim 2318 |
| Court: | Court of Appeal, Criminal Division |
| Judge: | Moses LJ, Pitchers and Treacy JJ |
| Representation | Tim Owen QC (assigned by the Registrar of Criminal Appeals) for the first defendant. |
| Edward Fitzgerald QC and Brian Mark (instructed by Michael Purdon) for the second defendant. | |
| Andrew Robertson QC (instructed by the Crown Prosecution Service) for the Crown. | |
| Judgment Dates: | 10 October 2007 |
Catchwords
Sentence - Mandatory life sentence - Murder - Minimum term - Defendants being recruited by a man who wanted someone killed - Defendants having no intention to kill - Whether minimum terms sufficiently reflecting that fact.
The Case
Sentence Mandatory life sentence. In the instant case, where the defendants were convicted of murder, having been recruited by a man who wanted someone killed in a revenge attack, with the benefit of oral submissions from counsel, the minimum terms set did not give sufficient recognition to the fact that the defendants had had no intention to kill. Accordingly, the minimum terms would be reduced from 14to12 and 20to18 years respectively, less time spent in custody on remand.
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