Mason & Anor, R. v [2002] EWCA Crim 699 (22nd March, 2002)

Mason & Anor, R. v [2002] EWCA Crim 699 (22nd March, 2002)

The correct approach for sentencing in conspiracy to murder where the murder has been carried out is to impose an automatic life sentence under section 109 of the 2000 Act if statutory criteria are met, and to fix the relevant part of the sentence for parole eligibility by reference to half the notional determinate sentence, less time on remand. A discretionary life sentence is only justified if the offender poses a continuing danger to the public for an indeterminate period. In the absence of such evidence, a determinate sentence should be imposed.

Citation
[2002] EWCA Crim 699
Parties
Prosecution: Regina; First Appellant: Kenneth Mason; Second Appellant: Angela Sellars
Jurisdiction
England and Wales
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Sentence
Outcome
Appeals allowed in part; sentences varied.
Legal Topics
Conspiracy to Murder, Sentencing, Automatic Life Sentences, Discretionary Life Sentences, Possession of Firearm With Intent to Endanger Life
Criminal Law Conspiracy to Murder Sentencing Automatic Life Sentences Discretionary Life Sentences Possession of Firearm With Intent to Endanger Life

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Parties

Regina

Prosecution

Kenneth Mason

First Appellant

Angela Sellars

Second Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Sentence

Legal Issues

  1. 1 What is the correct approach to sentencing for conspiracy to murder where the murder has been carried out?
  2. 2 Should a discretionary or automatic life sentence be imposed for conspiracy to murder and possession of a firearm with intent to endanger life?
  3. 3 Was a life sentence justified for Angela Sellars?

Ratio Decidendi

The correct approach for sentencing in conspiracy to murder where the murder has been carried out is to impose an automatic life sentence under section 109 of the 2000 Act if statutory criteria are met, and to fix the relevant part of the sentence for parole eligibility by reference to half the notional determinate sentence, less time on remand. A discretionary life sentence is only justified if the offender poses a continuing danger to the public for an indeterminate period. In the absence of such evidence, a determinate sentence should be imposed.

Court Disposition

Appeals allowed in part; sentences varied.

Orders

  • Kenneth Mason's life sentences on both counts to be treated as automatic life sentences under section 109 of the 2000 Act; relevant part for parole eligibility fixed at 10 years 55 days (count 1) and 5 years 55 days (count 2) from 19 July 2001.
  • Angela Sellars' life sentence quashed and substituted with a determinate sentence of 20 years' imprisonment.