Jenkin, Attorney-General's Reference No 34 of 2014

Jenkin, Attorney-General's Reference No 34 of 2014

The sentence imposed was unduly lenient because the judge erred in halving the minimum term to reflect early release provisions, which is not appropriate for discretionary life sentences. Given the significant residual responsibility, aggravating factors, and the correct approach to minimum term calculation, the appropriate minimum term is 13 years and 4 months (after one third reduction for guilty plea), not 6 years.

Parties
Applicant: Attorney General; Offender/respondent: John Jenkin
Jurisdiction
England and Wales
Judgment Date
08 July 2014
Procedural Posture
Criminal Appeal Attorney General's Reference / Appeal Against Sentence (unduly Lenient Sentence Reference)
Outcome
Reference allowed; sentence increased
Legal Topics
Manslaughter by Diminished Responsibility, Sentencing, Attorney General's Reference, Minimum Term Calculation, Dangerousness, Mental Disorder and Culpability
Criminal Law Mental Health Law Manslaughter by Diminished Responsibility Sentencing Attorney General's Reference Minimum Term Calculation Dangerousness Mental Disorder and Culpability

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Parties

Attorney General

Applicant

John Jenkin

Offender/respondent

Procedural Posture

Criminal Appeal Attorney General's Reference / Appeal Against Sentence (unduly Lenient Sentence Reference)

Legal Issues

  1. 1 Whether the minimum term of 6 years imposed for two counts of manslaughter by diminished responsibility was unduly lenient
  2. 2 Proper approach to calculation of minimum term for discretionary life sentences in cases of diminished responsibility
  3. 3 Impact of residual culpability and aggravating/mitigating factors on sentence

Ratio Decidendi

The sentence imposed was unduly lenient because the judge erred in halving the minimum term to reflect early release provisions, which is not appropriate for discretionary life sentences. Given the significant residual responsibility, aggravating factors, and the correct approach to minimum term calculation, the appropriate minimum term is 13 years and 4 months (after one third reduction for guilty plea), not 6 years.

Court Disposition

Reference allowed; sentence increased

Orders

  • Minimum term of 13 years and 4 months substituted for 6 years, less time spent on remand
  • No change to the order under Section 45A and Section 41 of the Mental Health Act or the discretionary life sentence