Source: All England Reporter
Publisher Citation: [2005] All ER (D) 67 (Dec)
Neutral Citation: [2005] EWHC 2599 (QB)
Court: Queen's Bench Division

Wilkie J

Judgment Dates: 30 November 2005


Sentence - Mandatory life sentence - Murder - Minimum term - Reference by Secretary of State to set minimum term - , Sch 22, para 6.

The Case

In the instant case, the High Court considered a reference under para6 of Sch22 to the for it to set the offender's minimum term for murder. The offender had previously been sentenced for manslaughter and other offences for which he had served sentences of imprisonment. Having regard to the general principles under Sch21 of the 2003 Act the starting point for the offence would have been 16 years' imprisonment. However, balancing the aggravating and mitigating features of the offence, the offender's previous criminal record and failure to respond to sentences against the lack of premeditation, would have resulted in a minimum term of 16 years' imprisonment. In the circumstances, the appropriate minimum term would therefore be 16 years from which would be deducted the period spent on remand, namely 5 months.

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