MINIMUM TERM

[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.

[2018] EWCA Crim 19 [2018] EWCA Crim 19

A minimum term of 30 years imposed in connection with a life sentence for murder was justified where the offender had been convicted on the basis of a joint enterprise. A case would normally fall within the Criminal Justice Act 2003 Sch.21 para.5 if it was a murder involving the use of a firearm, and the wording of that provision was not confined to the person who had pulled the trigger.

[2017] EWCA Crim 1509 [2017] EWCA Crim 1509

A total sentence of seven years and eight months’ detention was appropriate in the case of a young offender who had pleaded guilty to possessing Class B drugs, a sub-machine gun and compatible ammunition, having been pressured into holding them for a third party. Those who looked after lethal weapons for others had to expect severe sentences.

The appropriate sentence where an offender who had attacked police officers with a hammer had pleaded guilty to two counts of attempting to cause grievous bodily harm with intent, was life imprisonment with a minimum term of three years, taking into account the offender’ guilty plea, the early release provisions, and the time that he had already spent in custody.

[2017] NICA 36 [2017] NICA 36

A minimum term of 10 years’ imprisonment, equating to a determinate sentence of 20 years, imposed in respect of a life sentence following an offender’s conviction for historical offences of rape and indecent assault, was reduced to six years to reflect the principle of totality of sentence. The offender had previously been sentenced to 12 years’ imprisonment for similar sexual offences committed close in time to the index offences, which effectively equated to a total sentence before reduction of 32 years.