Source: All England Reporter
Publisher Citation: [2005] All ER (D) 296 (Nov)
Neutral Citation: [2005] EWHC 2573 (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 his first wife in light of the general principles in Sch21 to the 2003 Act. In all the circumstances, the defendant's minimum term would be maintained at 13 years' imprisonment. The concealment of the body and the cynical and sustained deception thereafter practised by the defendant were significant aggravating features to the offence, such that the application of the Sch21 principles would, if anything, have resulted in a longer minimum term. The appropriate minimum period would be 13 years, from which would be deducted the period spent on remand, namely 16 months and 3 days.

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