Source: All England Reporter
Publisher Citation: [2005] All ER (D) 295 (Nov)
Neutral Citation: [2005] EWHC 2569 (Admin)
Court: Queen's Bench Division (Administrative Court)
Judge:

Davis J

Judgment Dates: 23 November 2005

Catchwords

Sentence - Mandatory life sentence - Murder - Minimum term - Review - Whether offender's minimum term ought to be reduced - , Sch 21, , para 3.

The Case

The defendant applied under para3 of Sch22 to the for a review to reduce the minimum term imposed for the murder of a man who he had believed was his wife's lover in light of the general principles in Sch21 to the 2003 Act. In all the circumstances, the defendant's minimum term would be reduced to 12 years' imprisonment. The defendant's personality, state of mind and degree of depression at the time of the murder were significant mitigating factors that had not been sufficiently reflected in the notified minimum term set by the Home Secretary. The appropriate minimum period would be 12 years, from which would be deducted the period spent on remand, namely 11 months and 11 days.

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