Source: All England Reporter
Publisher Citation: [2006] All ER (D) 259 (Oct)
Neutral Citation: [2006] EWHC 2593 (QB)
Court: Queen's Bench Division
Judge:

Andrew Smith J

Judgment Dates: 20 October 2006

Catchwords

Sentence - Mandatory life sentence - Murder - Minimum term - Reference to High Court for it to set offender's minimum term - , Sch 22, para 6.

The Case

The appropriate starting point for an offender, who had fatally attacked a minicab driver with a knife, was fifteen years' imprisonment. It was necessary to consider the vicious nature of the attack and the vulnerable position of minicab drivers, as well as the lack of premeditation, the remorse shown by the offender, and most importantly the fact that the offender suffered with a metal condition which lowered his culpability for murder. Accordingly, the offender's minimum term would be set at 12 years' imprisonment, less the 2 years and 159 days that he had spent in custody on remand.

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