Johnson, R v [2018] EWCA Crim 834 (08 March 2018)

Johnson, R v [2018] EWCA Crim 834 (08 March 2018)

The original sentencing judge failed to give sufficient weight to the aggravating factors, particularly the offender's two previous convictions for manslaughter and breach of conditional discharge, necessitating not only a 30-year starting point but also an increase above that. The minimum term of 26 years was unduly lenient; a 30-year minimum term was appropriate after considering mitigation and the late guilty plea.

Citation
[2018] EWCA Crim 834
Parties
Prosecution: Regina; Offender: Theodore Johnson
Jurisdiction
England and Wales
Judgment Date
08 March 2018
Procedural Posture
Criminal Appeal (attorney General's Reference) / Review of Sentence for Unduly Lenient Sentencing Under S.36 Criminal Justice Act 1988
Outcome
Appeal allowed; sentence increased
Legal Topics
Murder, Sentencing, Attorney General's Reference, Unduly Lenient Sentence, Minimum Term, Life Imprisonment
Criminal Law Murder Sentencing Attorney General's Reference Unduly Lenient Sentence Minimum Term Life Imprisonment

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Parties

Regina

Prosecution

Theodore Johnson

Offender

Procedural Posture

Criminal Appeal (attorney General's Reference) / Review of Sentence for Unduly Lenient Sentencing Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the minimum term of 26 years for murder was unduly lenient
  2. 2 Whether a whole life order should have been imposed
  3. 3 Proper application of aggravating and mitigating factors under Schedule 21 Criminal Justice Act 2003

Ratio Decidendi

The original sentencing judge failed to give sufficient weight to the aggravating factors, particularly the offender's two previous convictions for manslaughter and breach of conditional discharge, necessitating not only a 30-year starting point but also an increase above that. The minimum term of 26 years was unduly lenient; a 30-year minimum term was appropriate after considering mitigation and the late guilty plea.

Court Disposition

Appeal allowed; sentence increased

Orders

  • Minimum term of 26 years quashed
  • Substituted with a minimum term of 30 years' imprisonment