Bevens, R v [2009] EWCA Crim 2554 (03 December 2009)

Bevens, R v [2009] EWCA Crim 2554 (03 December 2009)

The 5 year reduction in the minimum term was sufficient because the appellant's assistance, while compliant with the statutory agreement, was limited and did not extend to giving evidence against the principal murderer. The seriousness of the offence and the calculated nature of the appellant's cooperation justified the extent of the discount.

Citation
[2009] EWCA Crim 2554
Parties
Prosecution: R; Appellant: Bevens
Jurisdiction
England and Wales
Judgment Date
03 December 2009
Procedural Posture
Criminal Appeal / Appeal Against Reviewed Sentence After Statutory Agreement and Sentence Reduction
Outcome
Appeal dismissed
Legal Topics
Sentencing, Murder, Assisting Offenders, Statutory Agreements, Sentence Reduction
Criminal Law Sentencing Murder Assisting Offenders Statutory Agreements Sentence Reduction

Case Brief

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Parties

R

Prosecution

Bevens

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Reviewed Sentence After Statutory Agreement and Sentence Reduction

Legal Issues

  1. 1 Whether the 5 year reduction in the minimum term for murder, following a statutory agreement under section 74 of the Serious Organised Crime and Police Act 2005, was sufficient.

Ratio Decidendi

The 5 year reduction in the minimum term was sufficient because the appellant's assistance, while compliant with the statutory agreement, was limited and did not extend to giving evidence against the principal murderer. The seriousness of the offence and the calculated nature of the appellant's cooperation justified the extent of the discount.

Court Disposition

Appeal dismissed

Orders

  • Leave to appeal granted
  • Appeal dismissed; sentence reduction of 5 years upheld