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, due to lack of intent to kill, absence of premeditation, youth, no weapons used, provocation, remorse, and exceptional progress in custody. The requirements of retribution and deterrence do not justify a 12-year minimum term.

Citation
[2005] EWHC 1035 (QB)
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 (tariff Review)
Outcome
minimum term reduced
Legal Topics
Murder, Life Imprisonment, Minimum Term Review, Joint Enterprise, Violent Disorder, Tariff Setting, Criminal Justice Act 2003
Criminal Law Murder Life Imprisonment Minimum Term Review Joint Enterprise Violent Disorder Tariff Setting Criminal Justice Act 2003

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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 (tariff Review)

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, due to lack of intent to kill, absence of premeditation, youth, no weapons used, provocation, remorse, and exceptional progress in custody. The requirements of retribution and deterrence do not justify a 12-year minimum term.

Court Disposition

minimum term reduced

Orders

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