DAVID MOTTRAM v REGINA

DAVID MOTTRAM v REGINA

The murder involved sexual conduct as evidenced by the exposure of the victim's breasts, placement of a TV remote in her underwear, and the appellant's own admissions. The sexual conduct increased the ordeal and depravity of the killing, justifying the 30-year minimum term starting point under Schedule 21 paragraph 3(2)(e).

Parties
Appellant: David Mottram; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
12 July 2022
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Murder, Sentencing, Minimum Term, Sexual Conduct, Diminished Responsibility
Criminal Law Murder Sentencing Minimum Term Sexual Conduct Diminished Responsibility

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

David Mottram

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the murder involved sexual conduct under Schedule 21 paragraph 3(2)(e) of the Sentencing Act 2020
  2. 2 Whether the sentencing judge erred in adopting a 30-year starting point for the minimum term
  3. 3 Whether the judge was correct to find the appellant took a weapon (flex) to the scene and used it

Ratio Decidendi

The murder involved sexual conduct as evidenced by the exposure of the victim's breasts, placement of a TV remote in her underwear, and the appellant's own admissions. The sexual conduct increased the ordeal and depravity of the killing, justifying the 30-year minimum term starting point under Schedule 21 paragraph 3(2)(e).

Court Disposition

appeal dismissed

Orders

  • The appeal against sentence is dismissed.