A life sentence with a minimum term of 11 years and 68 days was unduly lenient where an offender had killed his partner using two knives while under the influence of drugs, and was increased to a minimum term of 14 years and 190 days. However, it was not treated as a domestic violence case as there had been no history of domestic violence in the relationship.
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.