Regina v McLoughlin; Regina v Newell: CACD 18 Feb 2014

In each case the appellant had been convicted of particularly serious murders and had been given whole life terms. They now appealed saying that such sentences were incompatible with their human rights after the ruling of the ECHR Grand Chamber in Vinter v UK.
Held: The appeals failed.


Lord Thomas of Cwmgiedd, LCJ; Sir Brian Leveson P Qbd, Hughes LJ Vp, Treacy LJ , Burnett J


[2014] EWCA Crim 188, [2014] Crim LR 471, [2014] 2 Cr App R (S) 40, [2014] 1 WLR 3964, [2014] WLR(D) 82, [2014] 3 All ER 73


Bailii, WLRD


Murder (Abolition of Death Penalty) Act 1965, Criminal Justice Act 2003, Crime (Sentences) Act 1997, Criminal Justice Act 1988 36


England and Wales


CitedBieber (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 . .
CitedVinter, Regina v CACD 25-Jun-2009
The appellant challenged the imposition of a whole life term after his conviction for a serious, second, murder. . .
CitedOakes and Others v Regina CACD 21-Nov-2012
A specially constituted CACD heard sentencing appeals for defendants serving life terms for very grave crimes, and in particular, the judicial assessment of the minimum term to be served by the appellants for the purposes of punishment and . .
CitedVinter And Others v The United Kingdom ECHR 9-Jul-2013
(Grand Chamber) The three appellants had each been convicted of exceptionally serious murders, and been sentenced to mandatory life sentences, but with provision that they could not be eligible for early release, making them whole life terms. They . .

Cited by:

CitedThe Government of Ghana v Gambrah and Another Admn 16-May-2014
Ghana appealed from refusal of extradition of the respondent to face a charge of murder. The only sentence for murder in Ghana was death, but the government had undertaken not to impose that sentence. The district judge accepted the undertaking, but . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing, Human Rights

Updated: 24 October 2022; Ref: scu.521399