Source: All England Reporter
Publisher Citation: [2005] All ER (D) 300 (Nov)
Neutral Citation: [2005] EWHC 2591 (Admin)
Court: Queen's Bench Division (Administrative Court)

Keith J

Judgment Dates: 23 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 circumstances, where a reference had been made to the High Court under para6 of Sch22 to the for it to set the defendant's minimum term for the offence of murder the court held that having regard to Sch21 of the 2003 Act the starting point for the offence would have been 15 years' imprisonment. Balancing the aggravating and mitigating features of the offence, the ferocity of the attack, the defendant's record of violence, and his apparent satisfaction at what he had done against the fact that it was a spontaneous attack, would have resulted in a minimum term of 12 years' imprisonment. In the circumstances, the appropriate minimum term would therefore be 12 years from which would be deducted the period spent on remand, namely 5 months and 24 days.

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