Barley, R v [2017] EWCA Crim 2313 (21 December 2017)

Barley, R v [2017] EWCA Crim 2313 (21 December 2017)

The minimum term of 30 years was unduly lenient given the combination of grave aggravating features, including two murders (one of a child), attempted murder, planning, breach of trust, and brutality. However, the case did not reach the exceptional seriousness required for a whole life order. The appropriate minimum term, after credit for guilty pleas, is 34 years and 178 days.

Citation
[2017] EWCA Crim 2313
Parties
Prosecution: Regina; Defendant: Aaron Dean Barley
Jurisdiction
England and Wales
Judgment Date
21 December 2017
Procedural Posture
Criminal Appeal Reference by Attorney General Under S.36 Criminal Justice Act 1988 / Appeal Against Sentence; Review of Unduly Lenient Sentence
Outcome
Reference allowed; sentences for murder quashed and substituted with increased minimum term; sentence for attempted murder unchanged.
Legal Topics
Sentencing, Murder, Attempted Murder, Unduly Lenient Sentence, Whole Life Order, Minimum Term
Criminal Law Sentencing Murder Attempted Murder Unduly Lenient Sentence Whole Life Order Minimum Term

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Regina

Prosecution

Aaron Dean Barley

Defendant

Procedural Posture

Criminal Appeal Reference by Attorney General Under S.36 Criminal Justice Act 1988 / Appeal Against Sentence; Review of Unduly Lenient Sentence

Legal Issues

  1. 1 Whether the minimum term of 30 years for life imprisonment imposed on Aaron Dean Barley for two murders and attempted murder was unduly lenient
  2. 2 Whether a whole life order was required in the circumstances
  3. 3 Appropriate adjustment of the minimum term in light of aggravating and mitigating factors

Ratio Decidendi

The minimum term of 30 years was unduly lenient given the combination of grave aggravating features, including two murders (one of a child), attempted murder, planning, breach of trust, and brutality. However, the case did not reach the exceptional seriousness required for a whole life order. The appropriate minimum term, after credit for guilty pleas, is 34 years and 178 days.

Court Disposition

Reference allowed; sentences for murder quashed and substituted with increased minimum term; sentence for attempted murder unchanged.

Orders

  • Sentences for counts 1 and 2 (murder) quashed and substituted with life imprisonment with a minimum term of 34 years and 178 days.
  • Sentence for count 3 (attempted murder) to remain as previously imposed.