MINIMUM TERM

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.

[2018] EWCA Crim 1156 [2018] EWCA Crim 1156

A sentence of four years’ detention for three counts of possession of

[2018] EWCA Crim 595 [2018] EWCA Crim 595

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.

[2018] EWCA Crim 438 [2018] EWCA Crim 438

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.