A & Ors, R. v (Sentencing Remarks) [2011] EW Misc 13 (CrownC) (11 August 2011)

A & Ors, R. v (Sentencing Remarks) [2011] EW Misc 13 (CrownC) (11 August 2011)

Given the seriousness of the conspiracy to murder, the vulnerability of the victim, the breach of trust, and the active steps taken towards the crime, a lengthy custodial sentence is warranted. For A, a determinate sentence of 17 years is appropriate due to mitigation in halting the attack. For B, due to dangerousness, a sentence of detention for public protection with a minimum term of 7.5 years is imposed.

Citation
[2011] EW Misc 13 (CrownC)
Parties
Defendant: A; Defendant: B; Other: C; Other: D; Other: E
Jurisdiction
England and Wales
Judgment Date
11 August 2011
Procedural Posture
Criminal / Sentencing
Outcome
conviction and sentence
Legal Topics
Conspiracy to Murder, Attempted Murder, Sentencing, Dangerousness Under Criminal Justice Act 2003
Criminal Law Conspiracy to Murder Attempted Murder Sentencing Dangerousness Under Criminal Justice Act 2003

Case Brief

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Parties

A

Defendant

B

Defendant

C

Other

D

Other

E

Other

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for conspiracy to murder involving vulnerable victim and breach of trust
  2. 2 Assessment of dangerousness under Criminal Justice Act 2003
  3. 3 Application of Sentencing Guidelines for Attempted Murder

Ratio Decidendi

Given the seriousness of the conspiracy to murder, the vulnerability of the victim, the breach of trust, and the active steps taken towards the crime, a lengthy custodial sentence is warranted. For A, a determinate sentence of 17 years is appropriate due to mitigation in halting the attack. For B, due to dangerousness, a sentence of detention for public protection with a minimum term of 7.5 years is imposed.

Court Disposition

conviction and sentence

Orders

  • A sentenced to 17 years imprisonment, to serve half before release on licence.
  • B sentenced to detention for public protection in a Young Offender's Institution with a minimum term of 7.5 years less 265 days served.