Thompson, Re Attorney-General's Reference No 103 of 2011 [2012] EWCA Crim 135 (10 February 2012)

Thompson, Re Attorney-General's Reference No 103 of 2011 [2012] EWCA Crim 135 (10 February 2012)

Although the judge should have adopted a starting point above 25 years due to significant premeditation, the failure to do so did not render the minimum term unduly lenient given the mitigating features and the facts of the case; the minimum term of 18 years stands.

Citation
[2012] EWCA Crim 135
Parties
Applicant: Attorney General; Respondent/offender: Gary Thompson
Jurisdiction
England and Wales
Judgment Date
10 February 2012
Procedural Posture
Criminal Appeal (attorney General's Reference) / Court of Appeal Judgment on Reference Under S.36 Criminal Justice Act 1988
Outcome
Reference dismissed; minimum term not unduly lenient.
Legal Topics
Sentencing, Murder, Unduly Lenient Sentence, Mitigation, Premeditation
Criminal Law Sentencing Murder Unduly Lenient Sentence Mitigation Premeditation

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Parties

Attorney General

Applicant

Gary Thompson

Respondent/offender

Procedural Posture

Criminal Appeal (attorney General's Reference) / Court of Appeal Judgment on Reference Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Was the minimum term of 18 years for murder unduly lenient?
  2. 2 Should the starting point for minimum term have been higher due to significant premeditation?

Ratio Decidendi

Although the judge should have adopted a starting point above 25 years due to significant premeditation, the failure to do so did not render the minimum term unduly lenient given the mitigating features and the facts of the case; the minimum term of 18 years stands.

Court Disposition

Reference dismissed; minimum term not unduly lenient.

Orders

  • Leave to refer sentence granted.
  • No interference with minimum term of 18 years.