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
Summary, issues, holding and outcome
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Parties
R
Prosecutor
Christopher Alker
Defendant
Procedural Posture
Criminal / Minimum Term Determination Under Schedule 22 Criminal Justice Act 2003
Legal Issues
- 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 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.
Full Case Text
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