Wilby, R v [2007] EWCA Crim 2823 (6 September 2007)
The judge erred in treating intent to kill as an aggravating factor when it is already assumed in the statutory starting point; insufficient credit was given for the guilty plea and mitigating factors, making the 20-year minimum term manifestly excessive. The appropriate minimum term is 18 years, less time spent on remand.
- Citation
- [2007] EWCA Crim 2823
- Parties
- Prosecution: Regina; Appellant: Christopher Keith Wilby
- Jurisdiction
- England and Wales
- Judgment Date
- 06 September 2007
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- appeal allowed in part
- Legal Topics
- Murder, Sentencing, Minimum Term, Aggravating Factors, Mitigating Factors, Guilty Plea
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Prosecution
Christopher Keith Wilby
Appellant
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the minimum term of 20 years for murder was manifestly excessive
- 2 Whether the judge wrongly treated intent to kill as an aggravating factor
- 3 Whether sufficient credit was given for mitigating factors and guilty plea
Ratio Decidendi
The judge erred in treating intent to kill as an aggravating factor when it is already assumed in the statutory starting point; insufficient credit was given for the guilty plea and mitigating factors, making the 20-year minimum term manifestly excessive. The appropriate minimum term is 18 years, less time spent on remand.
Court Disposition
appeal allowed in part
Orders
- The 20-year minimum term is quashed and substituted with a minimum term of 18 years, less time spent on remand.
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