| Source: | All England Reporter |
| Publisher Citation: | [2008] All ER (D) 284 (Apr) |
| Court: | Court of Appeal, Criminal Division |
| Judge: | Lord Phillips of Worth Matravers CJ, Pitchford and Dobbs JJ |
| Representation | Sally O'Neill QC (assigned by the Registrar of Criminal Appeals) for the defendant. |
| Simon Denison (instructed by the Crown Prosecution Service) for the Crown. | |
| Judgment Dates: | 21 April 2008 |
Catchwords
Sentence - Mandatory life sentence - Murder - Minimum term - Standard of proof to be applied in determining starting point - Whether minimum term manifestly excessive - .
The Case
The standard of proof to be applied by a judge when deciding whether the relevant aggravating features existed, so that the appropriate starting point under Sch21 to the could increase from 15 years to 30, should be the same as that required to be reached by the jury. Accordingly, it was necessary for the judge to be sure that the relevant aggravating features were present. It was not enough that it was a possibility.
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