Regina v Cole Jarvis

Regina v Cole Jarvis

The judge's findings that the murder was pre-planned and done for gain were not properly founded on the evidence. The correct starting point for the minimum term should have been 15 years, with aggravating factors justifying an increase to 21 years. The sentence of 25 years was manifestly excessive and is substituted with a minimum term of 21 years.

Parties
Respondent: Regina; Appellant: Cole Jarvis
Jurisdiction
England and Wales
Judgment Date
26 September 2022
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed in part; sentence varied
Legal Topics
Sentencing, Murder, Appeal, Minimum Term, Factual Basis for Sentencing
Criminal Law Sentencing Murder Appeal Minimum Term Factual Basis for Sentencing

Case Brief

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Parties

Regina

Respondent

Cole Jarvis

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether the judge made findings of fact not reasonably available on the evidence
  3. 3 Whether the correct starting point for the minimum term was applied

Ratio Decidendi

The judge's findings that the murder was pre-planned and done for gain were not properly founded on the evidence. The correct starting point for the minimum term should have been 15 years, with aggravating factors justifying an increase to 21 years. The sentence of 25 years was manifestly excessive and is substituted with a minimum term of 21 years.

Court Disposition

Appeal allowed in part; sentence varied

Orders

  • Minimum term of 25 years quashed
  • Substituted with a minimum term of 21 years