Attorney General's Reference Nos. 143 and 144 of 2006

Attorney General's Reference Nos. 143 and 144 of 2006

The minimum terms imposed must reflect the seriousness of the offence, aggravating and mitigating factors, and ensure parity between co-defendants of equal culpability. The small age difference between Carty and Brown should result in no more than a one-year difference in minimum terms. Brown's sentence was unduly...

Source-derived case information.

Parties
Applicant: Attorney General; Respondent: The Crown; Offender: Donnel Marcus Carty; Offender: Deland Anthony Brown
Jurisdiction
England and Wales
Judgment Date
14 May 2007
Procedural Posture
Criminal Appeal / Judgment on Sentence Appeals and Attorney General's Reference
Outcome
Appeals by offenders dismissed; Attorney General's reference allowed in part.
Legal Topics
Sentencing, Murder, Robbery, Conspiracy, Youth Offenders, Minimum Term, Parity in Sentencing, Attorney General's Reference
Criminal Law Sentencing Murder Robbery Conspiracy Youth Offenders Minimum Term Parity in Sentencing +1 more

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Parties

Attorney General

Applicant

The Crown

Respondent

Donnel Marcus Carty

Offender

Deland Anthony Brown

Offender

Procedural Posture

Criminal Appeal / Judgment on Sentence Appeals and Attorney General's Reference

Legal Issues

  1. 1 Whether the minimum terms imposed for murder were manifestly excessive or unduly lenient
  2. 2 Appropriate approach to sentencing co-defendants of similar culpability but different ages
  3. 3 Correct application of statutory starting points and aggravating/mitigating factors

Ratio Decidendi

The minimum terms imposed must reflect the seriousness of the offence, aggravating and mitigating factors, and ensure parity between co-defendants of equal culpability. The small age difference between Carty and Brown should result in no more than a one-year difference in minimum terms. Brown's sentence was unduly lenient and increased to 20 years; Carty's sentence was appropriate and his appeal dismissed.

Court Disposition

Appeals by offenders dismissed; Attorney General's reference allowed in part.

Orders

  • Brown's minimum term increased to 20 years.
  • Carty's sentence for count 2 quashed and substituted with extended sentence of four years (two years custodial, two years extension).