Alker, R v

Alker, R v

The minimum term is fixed at 12 years, reflecting the trial judge's recommendation and all mitigating factors, and is no greater than what the Secretary of State would have set under previous practice. Significant aggravating factors include concealment, dismemberment, disposal of the body, and protracted lies; mitigating factors include personality traits, guilty plea, and assistance after DNA evidence became available.

Parties
Prosecutor: 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 fixed at 12 years less 10 months remand
Legal Topics
Murder, Minimum Term Determination, Perverting the Course of Justice

Case Brief

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Parties

R

Prosecutor

Christopher Alker

Defendant

Procedural Posture

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

  1. 1 What is the appropriate minimum term to be served by the defendant before eligibility for parole in respect of the mandatory life sentence for murder?
  2. 2 What aggravating and mitigating factors should be considered in fixing the minimum term?

Ratio Decidendi

The minimum term is fixed at 12 years, reflecting the trial judge's recommendation and all mitigating factors, and is no greater than what the Secretary of State would have set under previous practice. Significant aggravating factors include concealment, dismemberment, disposal of the body, and protracted lies; mitigating factors include personality traits, guilty plea, and assistance after DNA evidence became available.

Court Disposition

minimum term fixed at 12 years less 10 months remand

Orders

  • The minimum term to be served by Christopher Alker before eligibility for parole is 12 years, less 10 months for remand in custody.