Wright, R v

Wright, R v

The minimum term of 28 years was excessive given the applicant's early guilty plea, confession, and the specific circumstances of the murder, even though it was for gain. The appropriate minimum term is 23 years less time served on remand.

Parties
Applicant: Amato Charles Wright; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
27 April 2009
Procedural Posture
Criminal Appeal / Appeal Against Sentence After Guilty Plea and Newton Hearing
Outcome
Appeal allowed; minimum term reduced
Legal Topics
Murder, Sentencing, Newton Hearing, Mitigation, Appeal Procedure
Criminal Law Murder Sentencing Newton Hearing Mitigation Appeal Procedure

Case Brief

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Parties

Amato Charles Wright

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence After Guilty Plea and Newton Hearing

Legal Issues

  1. 1 Whether the minimum term of 28 years for murder was manifestly excessive
  2. 2 Whether the murder was committed for gain under Schedule 21
  3. 3 Appropriate credit for early guilty plea

Ratio Decidendi

The minimum term of 28 years was excessive given the applicant's early guilty plea, confession, and the specific circumstances of the murder, even though it was for gain. The appropriate minimum term is 23 years less time served on remand.

Court Disposition

Appeal allowed; minimum term reduced

Orders

  • Extension of time for appeal granted
  • Leave to appeal granted