A M & Ors, R v [2009] EWCA Crim 2544 (13 November 2009)

A M & Ors, R v [2009] EWCA Crim 2544 (13 November 2009)

The minimum terms imposed in each case were not excessive or wrong in principle. The sentencing judges properly applied the statutory framework, took account of aggravating and mitigating features, and were entitled to reflect the seriousness of knife-related murders and public concern. There was no basis for interfering with the sentences.

Citation
[2009] EWCA Crim 2544
Parties
Prosecution: Regina; Applicant: AM; Applicant: Juress Kika; Applicant: Abdul Saddique
Jurisdiction
England and Wales
Judgment Date
13 November 2009
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
applications for leave to appeal against sentence refused
Legal Topics
Murder, Sentencing, Minimum Term, Knife Crime, Joint Enterprise, Aggravating and Mitigating Factors
Criminal Law Murder Sentencing Minimum Term Knife Crime Joint Enterprise Aggravating and Mitigating Factors

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Parties

Regina

Prosecution

AM

Applicant

Juress Kika

Applicant

Abdul Saddique

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the minimum terms imposed for murder in each case were excessive or wrong in principle
  2. 2 How the use of knives and the circumstances of each offence affect the seriousness and sentencing
  3. 3 Application of statutory sentencing framework under the Criminal Justice Act 2003

Ratio Decidendi

The minimum terms imposed in each case were not excessive or wrong in principle. The sentencing judges properly applied the statutory framework, took account of aggravating and mitigating features, and were entitled to reflect the seriousness of knife-related murders and public concern. There was no basis for interfering with the sentences.

Court Disposition

applications for leave to appeal against sentence refused