Hills, R. v

Hills, R. v

The original sentence was manifestly excessive as the starting point for soliciting to murder was too high given the appellant's withdrawal from the plan and mental health issues; the proper sentence is four and-a-half years concurrent on each count of soliciting to murder and six months consecutive for assault occasioning actual bodily harm, totaling five years' imprisonment, less time served.

Parties
Prosecutor: Regina; Appellant: Charles Albert Reis Hills
Jurisdiction
England and Wales
Judgment Date
26 November 2007
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed; sentence reduced
Legal Topics
Soliciting to Murder, Assault Occasioning Actual Bodily Harm, Sentencing, Mitigation, Mental Health in Sentencing
Criminal Law Soliciting to Murder Assault Occasioning Actual Bodily Harm Sentencing Mitigation Mental Health in Sentencing

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Parties

Regina

Prosecutor

Charles Albert Reis Hills

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed for soliciting to murder and assault occasioning actual bodily harm was manifestly excessive
  2. 2 Appropriate starting point for sentencing in cases of soliciting to murder
  3. 3 Effect of mental health and mitigation on sentence

Ratio Decidendi

The original sentence was manifestly excessive as the starting point for soliciting to murder was too high given the appellant's withdrawal from the plan and mental health issues; the proper sentence is four and-a-half years concurrent on each count of soliciting to murder and six months consecutive for assault occasioning actual bodily harm, totaling five years' imprisonment, less time served.

Court Disposition

Appeal allowed; sentence reduced

Orders

  • Concurrent sentences of four and-a-half years on each count of soliciting to murder substituted
  • Consecutive sentence of six months for assault occasioning actual bodily harm substituted