Cole, R v

Cole, R v

The minimum term of 18 years was unduly lenient and did not properly reflect the seriousness of the offence, given the brutal and aggravated nature of the murder. The appropriate minimum term is 22 years, regardless of whether the murder was strictly 'done for gain'.

Parties
Applicant: Attorney General; Respondent/offender: Robert Cole
Jurisdiction
England and Wales
Judgment Date
22 April 2008
Procedural Posture
Criminal / Attorney General's Reference Under Section 36 of the Criminal Justice Act 1988; Review of Sentence
Outcome
Minimum term of 18 years quashed; substituted with a minimum term of 22 years imprisonment.
Legal Topics
Murder, Sentencing, Attorney General's Reference, Minimum Term, Unduly Lenient Sentence
Criminal Law Murder Sentencing Attorney General's Reference Minimum Term Unduly Lenient Sentence

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Parties

Attorney General

Applicant

Robert Cole

Respondent/offender

Procedural Posture

Criminal / Attorney General's Reference Under Section 36 of the Criminal Justice Act 1988; Review of Sentence

Legal Issues

  1. 1 Whether the minimum term of 18 years imposed for murder was unduly lenient
  2. 2 Whether the murder was 'done for gain' under Schedule 21 of the Criminal Justice Act 2003
  3. 3 Appropriate starting point for minimum term under Schedule 21

Ratio Decidendi

The minimum term of 18 years was unduly lenient and did not properly reflect the seriousness of the offence, given the brutal and aggravated nature of the murder. The appropriate minimum term is 22 years, regardless of whether the murder was strictly 'done for gain'.

Court Disposition

Minimum term of 18 years quashed; substituted with a minimum term of 22 years imprisonment.

Orders

  • Minimum term of 18 years quashed
  • Minimum term of 22 years substituted