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 LCJ said: ‘As we have emphasised, the legislation does not, as it could, simply invite the Judge or require him to endorse the recommendation of the trial Judge or that of the Lord Chief Justice, or where they differ, find a mean between them. The reviewing Judge is expressly required to address the general principles in Schedule 21. Neither the original judicial recommendation nor the Schedule enjoys some kind of hidden, unspecified primacy. The assessment by the reviewing Judge is not fixed exclusively by reference to the general principle set in Schedule 21, any more than it is fixed by the judicial recommendations. The Judge is conducting a fresh review, taking account of both the judicial recommendations and Schedule 21.’
Judge LCJ
[2009] EWCA Crim 963
Bailii
Criminal Justice Act 2003 269
England and Wales
Cited by:
Cited – Bamber, Regina v CACD 14-May-2009
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. . .
Cited – Regina v Coonan (Formerly Sutcliffe) QBD 16-Jul-2010
The respondent had been convicted of thirteen murders and eight attempted murders. He had claimed to have been acting in response to a divine voice heard when he worked in a graveyard. He was diagnosed a paranoid schizophrenic. The murders had . .
Lists of cited by and citing cases may be incomplete.
Updated: 22 October 2021; Ref: scu.343903 br>