The court quashed an 18-year minimum term attached to a life sentence imposed on an offender following his conviction for murder and replaced it with one of 21 years. Notwithstanding that the offender had taken a sword only a short distance outside the premises into the garden, he had taken a weapon to the scene and used it to kill within the meaning of para.5A of Sch 21 to the Criminal Justice Act 2003 such that a starting point of 25 years was appropriate.
A sentence of detention at Her Majesty’s pleasure with a minimum term of 17 years for murder was not manifestly excessive; whilst the offence was not premeditated and the young offender had had no intention to kill, he had taken a knife to the crime scene and some premeditation was inherent.
A sentence of four years’ detention for three counts of possession of
The court summarised the general principles to be considered by those representing and those sentencing offenders with mental health problems that might justify a hospital order under the Mental Health Act 1983 s.37 and s.41, a finding of dangerousness and/or a s.45A order.
Given the aggravating factors involved in the sexual assault and subsequent rape of the same victim, a judge had been entitled to set the minimum term of a life sentence at over twice the upper limit of the respective sentencing guideline range. However, the sentence was too high and was reduced from nine-and-a-half to eight-and-a-half years.