Tarbox, R. v (Rev 1)

Tarbox, R. v (Rev 1)

The minimum term of 16 years was unduly lenient because insufficient weight was given to aggravating factors, including the vulnerability of the victim, brutal method of killing, sustained concealment and desecration of the corpse, and violation of trust. The appropriate minimum term is 18 years.

Parties
Applicant: Attorney-General; Respondent: Dale Tarbox
Jurisdiction
England and Wales
Judgment Date
18 February 2021
Procedural Posture
Criminal Appeal / Reference Under S.36 Criminal Justice Act 1988, Sentence Review
Outcome
sentence quashed and substituted
Legal Topics
Murder, Sentencing, Minimum Term, Preventing Lawful Burial, Aggravating and Mitigating Factors, Unduly Lenient Sentence

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Parties

Attorney-General

Applicant

Dale Tarbox

Respondent

Procedural Posture

Criminal Appeal / Reference Under S.36 Criminal Justice Act 1988, Sentence Review

  1. 1 Was the minimum term of 16 years for murder unduly lenient?
  2. 2 Did the sentencing judge give sufficient weight to aggravating and mitigating factors?
  3. 3 Should the minimum term be increased to reflect the seriousness of the offending?

Ratio Decidendi

The minimum term of 16 years was unduly lenient because insufficient weight was given to aggravating factors, including the vulnerability of the victim, brutal method of killing, sustained concealment and desecration of the corpse, and violation of trust. The appropriate minimum term is 18 years.

Court Disposition

sentence quashed and substituted

Orders

  • Leave to refer granted.
  • Sentence of life imprisonment with minimum term of 16 years quashed.