Barley, R v

Barley, R v

The minimum term of 30 years was unduly lenient given the combination of aggravating features, including the murder of an adult and a child, attempted murder, planning, brutality, breach of trust, and the impact on the victims' family and community. However, a whole life order was not required due to the offender's youth and other mitigating factors. The appropriate minimum term was 34 years and 178 days, after credit for guilty pleas and time on remand.

Parties
Applicant: Attorney General; Respondent/offender: Aaron Dean Barley
Jurisdiction
England and Wales
Judgment Date
21 December 2017
Procedural Posture
Criminal Reference (unduly Lenient Sentence) / Court of Appeal Judgment on Reference Under S.36 Criminal Justice Act 1988
Outcome
Reference allowed; sentence increased
Legal Topics
Murder, Attempted Murder, Sentencing Guidelines, Unduly Lenient Sentence Reference
Criminal Law Sentencing Murder Attempted Murder Sentencing Guidelines Unduly Lenient Sentence Reference

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Parties

Attorney General

Applicant

Aaron Dean Barley

Respondent/offender

Procedural Posture

Criminal Reference (unduly Lenient Sentence) / Court of Appeal Judgment on Reference Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the minimum term of 30 years imposed for two murders and one attempted murder was unduly lenient
  2. 2 Whether a whole life order was required in the circumstances of the case

Ratio Decidendi

The minimum term of 30 years was unduly lenient given the combination of aggravating features, including the murder of an adult and a child, attempted murder, planning, brutality, breach of trust, and the impact on the victims' family and community. However, a whole life order was not required due to the offender's youth and other mitigating factors. The appropriate minimum term was 34 years and 178 days, after credit for guilty pleas and time on remand.

Court Disposition

Reference allowed; sentence increased

Orders

  • Sentences for murder quashed and substituted with life imprisonment with a minimum term of 34 years and 178 days, calculated from the date of sentence below.
  • Sentence for attempted murder to remain as passed below.