Johnston, R v

Johnston, R v

The specified minimum term of 18 years was excessive; the correct starting point was 12 years, and aggravating features justified a term of 15 years, less time spent on remand.

Parties
Appellant: Adrian Johnston; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
21 October 2004
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence Specification
Outcome
appeal allowed in part
Legal Topics
Murder, Sentencing, Appeal, Tariff Specification
Criminal Law Murder Sentencing Appeal Tariff Specification

Case Brief

Summary, issues, holding and outcome

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Parties

Adrian Johnston

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence Specification

Legal Issues

  1. 1 Whether the specified minimum term of 18 years for murder was excessive under applicable sentencing guidelines
  2. 2 Whether aggravating and mitigating factors were properly considered

Ratio Decidendi

The specified minimum term of 18 years was excessive; the correct starting point was 12 years, and aggravating features justified a term of 15 years, less time spent on remand.

Court Disposition

appeal allowed in part

Orders

  • Specified minimum term of 18 years quashed and substituted with 15 years less 1 year spent on remand.
  • Representation order granted for leading and junior counsel.