Hughes (Setting of Minimum Term)

Hughes (Setting of Minimum Term)

Taking into account the seriousness of the offence, the aggravating features (including previous murder conviction, breach of trust, and commission during a robbery), the mitigating features (spontaneity, lack of clear intent to kill, confession, and remorse), and the transitional sentencing regime, the appropriate minimum term is 25 years from 1 December 2003.

Parties
Prisoner: Laurence Philip Hughes; Referring Authority: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
21 January 2011
Procedural Posture
Criminal Reference (setting of Minimum Term) / Determination of Minimum Term Under S.269 Criminal Justice Act 2003 Following Reference Under S.273
Outcome
Minimum term set at 25 years from 1 December 2003 before eligibility for release on licence.
Legal Topics
Murder, Minimum Term for Life Sentence, Repatriation of Prisoners, Transitional Sentencing Provisions
Criminal Law Sentencing Murder Minimum Term for Life Sentence Repatriation of Prisoners Transitional Sentencing Provisions

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Parties

Laurence Philip Hughes

Prisoner

Secretary of State for the Home Department

Referring Authority

Procedural Posture

Criminal Reference (setting of Minimum Term) / Determination of Minimum Term Under S.269 Criminal Justice Act 2003 Following Reference Under S.273

Legal Issues

  1. 1 What is the appropriate minimum term to be served by Laurence Hughes before eligibility for release on licence under s.269 Criminal Justice Act 2003, considering the transitional provisions for offences committed before 18 December 2003?

Ratio Decidendi

Taking into account the seriousness of the offence, the aggravating features (including previous murder conviction, breach of trust, and commission during a robbery), the mitigating features (spontaneity, lack of clear intent to kill, confession, and remorse), and the transitional sentencing regime, the appropriate minimum term is 25 years from 1 December 2003.

Court Disposition

Minimum term set at 25 years from 1 December 2003 before eligibility for release on licence.

Orders

  • The minimum term which must expire before Hughes is considered for release on licence is 25 years to run from 1 December 2003.