Sentencing Guidelines - Life Sentences – Mandatory
Sentencing for multiple terrorist offences, including murder and attempted murder – guilty pleas – offender assisting police pursuant to ss. 73-75 SOCPA 2005 – whether discount appropriate – guidance given on the approach to be taken to ‘the SOCPA discount’.
Murder x 2 – whether reduction in tariffs for guilty plea appropriate –guidance given on range of appropriate discount and approach to be taken by sentencers.
Application to extend time for leave to appeal sentence – murder – 20 year tariff – Plus: 1. attempted murder; 2. possession of shotgun; and, 3. handgun both with intent to endanger life – discretionary life sentences with concurrent tariffs of 20 years’ imprisonment for each offence. Planned professional killing – McCandless reaffirmed – extension of time refused on murder count and tariff on mandatory life sentence left undisturbed – tariffs of 10, 8 & 8 years’ imprisonment respectively substituted in the remaining offences extension of time and leave having been granted on those counts.
Reference under s. 36 of the Criminal Justice Act 1988 – terrorist murder of police officer life imprisonment for adult offender – application of minimum tariff – 25 years not unduly lenient – detention at Her Majesty’s pleasure for youth offender – minimum term of 14 years unduly lenient – limited mitigation for youth in serious violent offence of this nature – tariff of 18 years substituted.
Further guidance on the steps to take in assessing the appropriate minimum term in mandatory life sentences.
Credit to be given for period of foreign detention relating to subject crime.
Conditions justifying imposition of whole life tariff
Tariff - higher starting point - domestic violence.
Correct approach to guidance contained in Practice Statement.
R v Trevor McCandless, Stephen Anthony Johnston, Paul James Johnston, Samuel Anderson, Kenneth John Scott
Adoption of Practice Statement of Lord Woolf CJ.