Source: All England Reporter
Publisher Citation: [2011] All ER (D) 111 (Jun)
Neutral Citation: [2011] EWCA Crim 1462
Court: Court of Appeal, Criminal Division
Judge: Lord Judge CJ, Leveson and Bean JJ
Representation Sasha Wass QC (instructed by Geoff White Solicitors) for the defendant in the appeal.
  Michael Clare (instructed by Balmores) for the defendant in the first application.
  Justin Cole (instructed by Lawrence Davis & Co) for the defendant in the second application.
  Simon Mintz (instructed by Dawson) for the defendant in the third application.
  Daniel Travers (instructed by GHP Legal) for the defendant in the fourth application.
  Duncan Bould (instructed by Edward Hughes) for the defendant in the fifth application.
  Elwen Evans QC (instructed by Gamlins) for the defendant in the sixth application.
  Simon Medland QC (assigned by the Registrar of Criminal Appeals) for the applicant in the seventh application.
  Andrew Edis QC and Caroline Harris (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 17 June 2011

Catchwords

SENTENCE - PRINCIPLES OF SENTENCING - MURDER - MINIMUM TERM - DETERMINATION OF MINIMUM TERM - PRINCIPLES OF SENTENCING - MURDER - MINIMUM TERM - GUIDANCE ON INTERPRETATION OF STATUTORY INSTRUMENT - MEANING OF 'TOOK THE KNIFE OF OTHER WEAPON TO THE SCENE' -  21 -  21 - (MANDATORY LIFE SENTENCE: DETERMINATION OF MINIMUM TERM) (ORDER) 2010, SI 2010 No 197, PARA 5A.

The Case

SENTENCE PRINCIPLES OF SENTENCING. The Court of Appeal, Criminal Division, gave guidance that para5A of the (Mandatory Life Sentence:Determination of Minimum Term) (Order) 2010 is not confined to murders committed with the use of a knife which had been taken out onto, and used on, the streets but could apply to cases where a knife was used to commit murder in the home. Further, not every murder involving the use of a knife or other weapon to inflict fatal injury would necessarily attract a 25-year starting point.

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