ADEQUACY OF EVIDENCE THAT MURDER INVOLVED SEXUAL CONDUCT

The sentencing judge should have adopted a starting point of 15 years instead of 30 years when setting the minimum term for an offender convicted of murder because the evidence raised the possibility that the crime had involved sexual conduct but could not safely lead to that conclusion for the purpose of the Criminal Justice Act 2003 Sch.21 para.5.

[2008] EWCA Crim 1055