Tran, Re [2008] EWHC 159 (Admin) (01 February 2008)

Tran, Re [2008] EWHC 159 (Admin) (01 February 2008)

The minimum term is fixed at 14 years, as this is the lower of the period that would have been notified by the Secretary of State under the pre-2002 practice and the period arrived at by applying the 2003 Act, after balancing aggravating and mitigating factors.

Citation
[2008] EWHC 159 (Admin)
Parties
Defendant: Chien Tran; Respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
01 February 2008
Procedural Posture
Criminal / Minimum Term Review Under Schedule 22 Criminal Justice Act 2003
Outcome
minimum term fixed at 14 years less time spent on remand
Legal Topics
Murder, Minimum Term Review, Sentencing, Criminal Justice Act 2003
Criminal Law Murder Minimum Term Review Sentencing Criminal Justice Act 2003

Case Brief

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Parties

Chien Tran

Defendant

Secretary of State for the Home Department

Respondent

Procedural Posture

Criminal / Minimum Term Review Under Schedule 22 Criminal Justice Act 2003

Legal Issues

  1. 1 What is the appropriate minimum term to be served by the defendant for murder under the applicable law and practice?

Ratio Decidendi

The minimum term is fixed at 14 years, as this is the lower of the period that would have been notified by the Secretary of State under the pre-2002 practice and the period arrived at by applying the 2003 Act, after balancing aggravating and mitigating factors.

Court Disposition

minimum term fixed at 14 years less time spent on remand

Orders

  • The minimum term is fixed at 14 years from 4 May 1999, less 12 months and 11 days spent in custody on remand. The defendant must serve 12 years 354 days before being considered for parole.