Sanchez, R. v

Sanchez, R. v

There was sufficient circumstantial evidence to convict Sanchez as an aider and abetter to murder. The judge's directions were adequate. The sentence imposed was unduly lenient as the statutory starting point of 15 years was not applied; a minimum term of 10 years was substituted.

Parties
Prosecutor: Regina; Appellant/respondent: Kelly Elizabeth Sanchez; Co Defendant: Mark Russell
Jurisdiction
England and Wales
Judgment Date
05 December 2008
Procedural Posture
Criminal Appeal and Attorney General's Reference / Application for Leave to Appeal Against Conviction and Reference on Sentence
Outcome
Leave to appeal against conviction refused; Attorney-General's reference allowed; sentence increased.
Legal Topics
Murder, Aiding and Abetting, Sentencing, Attorney General's Reference, Minimum Term, Criminal Justice Act 2003
Criminal Law Murder Aiding and Abetting Sentencing Attorney General's Reference Minimum Term Criminal Justice Act 2003

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Parties

Regina

Prosecutor

Kelly Elizabeth Sanchez

Appellant/respondent

Mark Russell

Co Defendant

Procedural Posture

Criminal Appeal and Attorney General's Reference / Application for Leave to Appeal Against Conviction and Reference on Sentence

Legal Issues

  1. 1 Whether there was sufficient evidence to convict Sanchez as an aider and abetter to murder
  2. 2 Whether the judge's directions to the jury were adequate
  3. 3 Whether the sentence imposed on Sanchez was unduly lenient and contrary to statutory requirements

Ratio Decidendi

There was sufficient circumstantial evidence to convict Sanchez as an aider and abetter to murder. The judge's directions were adequate. The sentence imposed was unduly lenient as the statutory starting point of 15 years was not applied; a minimum term of 10 years was substituted.

Court Disposition

Leave to appeal against conviction refused; Attorney-General's reference allowed; sentence increased.

Orders

  • Leave to appeal against conviction refused.
  • Specified minimum term of 3 years quashed and substituted with 10 years, less time on remand.