The defendant had been convicted in 1986 of the murder of five members of his adoptive family. The judge had initially recommended a minimum term of 25 years. A later judge had suggested a whole life term. The convictions had been upheld in 2002.
Held: The judge setting the tariff had agreed with and not merely felt himself bound by the judgments of the Home Secretary and earlier judges, and nor had he misdirected himself. The whole life tariff was not incompatible with the prisoner’s human rights.
[2009] EWCA Crim 962
Bailii
England and Wales
Citing:
See Also – Regina v Secretary of State for Home Department Ex Parte Hickey and Others, Same Ex Parte Bamber; Same Ex Parte Malone (No 2) QBD 29-Nov-1994
The Home Secretary is obliged to disclose new evidence to a defendant before rejecting his application for a reference to Court of Appeal. The Home Secretary’s powers to refer a case back to the Court of Appeal (Criminal Division) was an integral . .
See Also – Regina v Secretary of State for the Home Department, Ex Parte Bamber CA 15-Feb-1996
The right of a prisoner to provide a recorded message for a radio station could properly be curtailed. . .
See Also – Bamber v United Kingdom ECHR 11-Sep-1997
The Commission declared inadmissible a complaint that Standing Order 5 G 2B infringed Article 10. The Order precluded prisoners from contacting the media by telephone except in exceptional circumstances. The Standing Order satisfied the requirement . .
See Also – Regina v Secretary of State for Home Department (ex parte Bamber) Admn 24-Apr-1998
The applicant was refused leave to apply for judicial review of a decision as to his release made on the basis of his refusal to accept his guilt. . .
Cited – Regina v Secretary of State for the Home Department ex parte Doody and Others HL 25-Jun-1993
A mandatory lifer is to be permitted to suggest the period of actual sentence to be served. The Home Secretary must give reasons for refusing a lifer’s release. What fairness requires in any particular case is ‘essentially an intuitive judgment’, . .
Cited – Regina v Secretary of State for the Home Department Ex parte Anderson HL 25-Nov-2002
The appellant had been convicted of double murder. The judge imposed a mandatory life sentence with a minimum recommended term. The Home Secretary had later increased the minimum term under the 1997 Act. The appellant challenged that increase.
Cited – Bamber v Regina CACD 12-Dec-2002
. .
Cited – Kafkaris v Cyprus ECHR 12-Feb-2008
(Grand Chamber) The claimant said that his rights had been infringed by the mandatory imposition of a life sentence after conviction for murder. Only the President could order the release of such a prisoner, either by exercising the power of mercy . .
Cited – Caines, Regina v, Regina v Roberts CACD 23-Nov-2006
The prisoners appealed the review of the recommended minimum terms they must serve on that term being reviewed by the court, saying that the court should have made allowance for the exceptional progress to rehabilitation made in prison.
Held: . .
Cited – Pitchfork, Regina v CACD 14-May-2009
The defendant had been convicted of two rapes and murders in 1988. He was found to have a psychopathic disorder. His minimum term was first set at 25 years, then altered on review to 30 years. He now sought review of the period.
Held: Judge . .
Cited – Bieber (Aka Coleman) v Regina CACD 23-Jul-2008
The Court considered whether a whole life sentence under section 269(4) of the 2003 Act was compatible with Article 3. The defendant had been convicted of murdering a policeman and of attempted murder of two others.
Held: The whole life . .
Cited – Wellington Regina, (on the Application of) v Secretary of State for the Home Department HL 10-Dec-2008
It was sought to extradite the defendant to face trial for two alleged murders. He now challenged the order for his extradition saying that his treatment in Missouri would amount to inhuman or degrading punishment in that if convicted he would face . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing., Human Rights
Updated: 01 November 2021; Ref: scu.343899
