Regina v Barot: CACD 16 May 2007

The defendant had been convicted of a conspiracy to commit terrorist acts, though no violence had been undertaken. He appealed a life sentence with a minimum term of forty years.
Held: The minimum term should be reduced to thirty years. The element of protection of the public was achieved by the life sentence, and that element should be disregarded when setting the minimum term. The origins of terrorism meant that deterrence was unlikely to be effective, but still those considering such acts should know tha they faced serious consequences. When sentencing for an inchoate offence, it was appropriate to consider what would have been the sentence if the objective had been achieved. The guidelines in Martin needed to be revisited, given the increase in maximum sentences under the 2003 Act. A life sentence with a minimum term of forty years should be the maximum for a terrorist who set out to commit mass murder but failed. In this case, as a conspiracy, the case fell short of an attempt, and the sentence should be adjusted accordingly.


Lord Phillips of Worth Matravers LCJ, Latham LJ, Treacy J


Times 23-May-2007


Criminal Justice Act 2003 Sch 21


England and Wales


CitedRegina v Martin (PHS) CACD 5-Nov-1998
When sentencing for explosives offence, the court should allow for a comparison with sentencing for aggravated murder offences (20-30 years), but also allow for whether loss of life was intended. . .
CitedRegina v Hindawi CACD 1988
The defendant had sent his girlfriend unknowingly onto an airplane wih a bomb n her luggage. He was sentenced to 45 years imprisonment. . .
CitedA and others v Secretary of State for the Home Department (No 2) HL 8-Dec-2005
Evidence from 3rd Party Torture Inadmissible
The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 17 May 2022; Ref: scu.253650