Middleton & Ors, R v [2005] EWHC 1035 (QB) (27 May 2005)

Middleton & Ors, R v [2005] EWHC 1035 (QB) (27 May 2005)

The appropriate minimum term for each applicant is 10 years, less time spent on remand, as recommended by the Lord Chief Justice and supported by mitigating factors including lack of intent to kill, absence of weapons, youth, provocation, remorse, and exceptional progress in prison. The requirements of retribution and deterrence do not justify a 12-year minimum term.

Citation
[2005] EWHC 1035
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 / Review of Minimum Term for Life Imprisonment
Outcome
minimum term reduced to 10 years for each applicant, less time spent on remand
Legal Topics
Murder, Violent Disorder, Minimum Term Review, Life Imprisonment, Joint Enterprise
Criminal Law Murder Violent Disorder Minimum Term Review Life Imprisonment Joint Enterprise

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Parties

Regina

Claimant

Andrew David Middleton

Defendant

David Peter Coulson

Defendant

Craig John Bauer

Defendant

Procedural Posture

Criminal / Review of Minimum Term for Life Imprisonment

Legal Issues

  1. 1 What is the appropriate minimum term to be served by each applicant before eligibility for release on licence for murder?
  2. 2 Should the minimum term set by the Home Secretary (12 years) be reduced in light of mitigating factors and recommendations by the trial judge and Lord Chief Justice?

Ratio Decidendi

The appropriate minimum term for each applicant is 10 years, less time spent on remand, as recommended by the Lord Chief Justice and supported by mitigating factors including lack of intent to kill, absence of weapons, youth, provocation, remorse, and exceptional progress in prison. The requirements of retribution and deterrence do not justify a 12-year minimum term.

Court Disposition

minimum term reduced to 10 years for each applicant, less time spent on remand

Orders

  • Andrew David Middleton: minimum term set at 10 years less 14 months 2 days remand
  • David Peter Coulson: minimum term set at 10 years less 2 months 21 days remand