The defendants appealed against the minimum term set for murder, with minimum tariffs calculated having started at 30 years. The terms had been set on the basis that the murder had been sadistic.
Held: The appeals were successful. The deceased had been systematically attacked, tormented and finally beaten to death. To count as sadistic under the 2003 Act, the court asked whether it fell within a definition as ‘enthusiasm for inflicting pain, suffering, or humiliation on others’. It was a commonplace that an attacker would often enjoy what he was doing but to count as sadistic, the behaviour had to go further. Appalling as this case was, it fell short of that standard. The sentences were reduced accordingly.
Judges:
Lord Phillips of Worth Matravers, Lord Chief Justice, Mr Justice Goldring and Mr Justice Plender
Citations:
Times 15-Jul-2008
Statutes:
Criminal Justice Act 2003 Sch 21 5(2)(e)
Jurisdiction:
England and Wales
Criminal Sentencing
Updated: 21 July 2022; Ref: scu.278641