Davies (Gareth), Regina v: CACD 21 Apr 2008

The defendant had been convicted of a gruesome murder. He appealed against his minimum tarriff which had been set in accordance with the 1988 act with a starting point of 30 years.
Held: The appeal succeeded. The evidence had not demonstrated the necessary condition of sexual intent. The fact that the victim was found named was the only factor shown which directly connected the defendant with any sexual intent, and that was insufficient. The starting point should have been fifteen years but given the dreadful offence it should be raised to 18 years.

Judges:

Lord Phillips of Worth Matravers, Lord Chief Justice, Mr Justice Pitchford and Mrs Justice Dobbs

Citations:

[2008] EWCA Crim 1055, Times 19-May-2008

Links:

Bailii

Statutes:

Criminal Justice Act 2003 296

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 14 June 2022; Ref: scu.269915