De Silva v R [2014] EWCA Crim 2616 (17 December 2014)

De Silva v R [2014] EWCA Crim 2616 (17 December 2014)

The minimum term of 32 years was manifestly excessive for a 19-year-old offender, even with aggravating factors, given the statutory guidance and the significance of youth as a mitigating factor. The appropriate minimum term is 28 years.

Source-derived case information.

Citation
[2014] EWCA Crim 2616
Parties
Appellant: Aaron De Silva; Respondent: R
Jurisdiction
England and Wales
Judgment Date
17 December 2014
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence
Outcome
Appeal allowed in part; sentence varied
Legal Topics
Sentencing, Murder, Aggravated Burglary, Minimum Term, Mitigation, Youth Offenders
Criminal Law Sentencing Murder Aggravated Burglary Minimum Term Mitigation Youth Offenders

Source-derived case record

Summary, issues, holding and outcome

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Parties

Aaron De Silva

Appellant

R

Respondent

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the minimum term of 32 years for life imprisonment for murder was manifestly excessive for a 19-year-old offender with a troubled background and personality disorder.

Ratio Decidendi

The minimum term of 32 years was manifestly excessive for a 19-year-old offender, even with aggravating factors, given the statutory guidance and the significance of youth as a mitigating factor. The appropriate minimum term is 28 years.

Court Disposition

Appeal allowed in part; sentence varied

Orders

  • Minimum term of 32 years quashed and substituted with a term of 28 years