Alker, R v [2007] EWHC 1068 (QB) (16 May 2007)

Alker, R v [2007] EWHC 1068 (QB) (16 May 2007)

The appropriate minimum term is 12 years, reflecting the seriousness of the offence, the aggravating factors of concealment, dismemberment, and dishonesty, and the mitigating factors of personality traits, eventual plea of guilty, and assistance in recovery of the body. This term is consistent with the practice prior to December 2002 and is not greater than what would have been set by the Secretary of State.

Citation
[2007] EWHC 1068
Parties
Prosecution: R; Defendant: Christopher Alker
Jurisdiction
England and Wales
Judgment Date
16 May 2007
Procedural Posture
Criminal / Minimum Term Determination Under Schedule 22 Criminal Justice Act 2003
Outcome
minimum term set at 12 years, less 10 months remand in custody
Legal Topics
Murder, Minimum Term, Life Sentence, Perverting the Course of Justice
Criminal Law Murder Minimum Term Life Sentence Perverting the Course of Justice

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Parties

R

Prosecution

Christopher Alker

Defendant

Procedural Posture

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

Legal Issues

  1. 1 What is the appropriate minimum term to be served by the defendant for the offence of murder under the Criminal Justice Act 2003?
  2. 2 What aggravating and mitigating factors are relevant to the determination of the minimum term?

Ratio Decidendi

The appropriate minimum term is 12 years, reflecting the seriousness of the offence, the aggravating factors of concealment, dismemberment, and dishonesty, and the mitigating factors of personality traits, eventual plea of guilty, and assistance in recovery of the body. This term is consistent with the practice prior to December 2002 and is not greater than what would have been set by the Secretary of State.

Court Disposition

minimum term set at 12 years, less 10 months remand in custody

Orders

  • The minimum term to be served by the defendant is fixed at 12 years, less 10 months spent on remand.