The defendant appealed the minimum sentence to be served of twelve years fixed in his case for the offence of murder. The defendant had first had his minimum term fixed by the Home Secretary, but after the requirement that minima should be set by courts the case was referred back to the trial Judge, now a High Court judge. The defendant complained that this was unfair.
Held: The new decision by the judge was not akin to the exercise of an appellate function, and the original judge was in the best place to make the decision. There was no appearance of bias, even if the judge was invited to depart from his earlier recommendation. On the facts of the case the minimum term wa reduced to ten years.
Judges:
Lord Phillips of Worth Matravers, Lord Chief Justice, Mr Justice Pitchford and Mr Justice Calvert-Smith
Citations:
Times 07-Nov-2006
Jurisdiction:
England and Wales
Criminal Practice
Updated: 04 February 2022; Ref: scu.247630