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.
Considered in their full context, the relevant provisions of the Northern Ireland (Sentences) Act 1998 and the Life Sentences (Northern Ireland) Order 2001 provided no support for the contention that a life prisoner’s six-year period of conditional release on licence should be included in his tariff of 30 years’ imprisonment following the revocation of his licence.
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.
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.