MINIMUM TERM

[2019] EWHC 488 (Admin) [2019] EWHC 488 (Admin)

The secretary of state had been entitled not to order the deportation under the Tariff-Expired Removal Scheme of an Irish national whose minimum term of a sentence of imprisonment for public protection had expired.

[2018] EWCA Crim 2959 [2018] EWCA Crim 2959

When setting a minimum term for murder, a reduction of 10 years to reflect the mitigating factor of an offender’s young age was too high. A minimum term of 18 years did not reflect the criminal conduct of the premeditated stabbing of the victim with a knife in the street.

[2018] EWCA Crim 2860 [2018] EWCA Crim 2860

An appeal against a sentence of 10 years and five months’ imprisonment for the robbery of an elderly man at his home and a separate domestic burglary was dismissed. The offender was a career burglar with a bad record of previous convictions. Although a starting point of 12 years before discount for a guilty plea might be regarded as severe, it was not manifestly excessive.

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.