Middleton & Ors, R v

Middleton & Ors, R v

The minimum term for each applicant should be set at 10 years, less time spent on remand, as recommended by the Lord Chief Justice, due to mitigating factors including lack of intention to kill, absence of premeditation, youth, no weapons used, and exceptional progress in prison. The requirements of retribution and deterrence do not justify a 12-year minimum term.

Parties
Claimant: Regina; Defendant: Andrew David Middleton; Defendant: David Peter Coulson; Defendant: Craig John Bauer
Jurisdiction
England and Wales
Judgment Date
27 May 2005
Procedural Posture
Criminal / Application for Review of Minimum Term of Imprisonment
Outcome
Minimum term reduced for each applicant.
Legal Topics
Murder, Violent Disorder, Minimum Term Review, Sentencing, Joint Enterprise
Criminal Law Murder Violent Disorder Minimum Term Review Sentencing Joint Enterprise

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Parties

Regina

Claimant

Andrew David Middleton

Defendant

David Peter Coulson

Defendant

Craig John Bauer

Defendant

Procedural Posture

Criminal / Application for Review of Minimum Term of Imprisonment

Legal Issues

  1. 1 What is the appropriate minimum term of imprisonment for each applicant convicted of murder and violent disorder?
  2. 2 Should the minimum term set by the Secretary of State be reduced based on mitigating factors and progress in prison?

Ratio Decidendi

The minimum term for each applicant should be set at 10 years, less time spent on remand, as recommended by the Lord Chief Justice, due to mitigating factors including lack of intention to kill, absence of premeditation, youth, no weapons used, and exceptional progress in prison. The requirements of retribution and deterrence do not justify a 12-year minimum term.

Court Disposition

Minimum term reduced for each applicant.

Orders

  • Minimum term for Andrew David Middleton set at 10 years less 14 months 2 days remand.
  • Minimum term for David Peter Coulson set at 10 years less 2 months 21 days remand.