Akgun, R v

Akgun, R v

To achieve correspondence with the German sentence and comply with international convention, the minimum term is set at 20 years less 496 days spent in remand and pre-trial custody, reflecting the expectation of release in Germany after 20 years and the aggravating and mitigating factors under UK law.

Parties
Prosecutor: The Queen; Defendant: Hasan Akğun
Jurisdiction
England and Wales
Judgment Date
26 November 2014
Procedural Posture
Criminal / Review of Tariff/minimum Term for Transferred Life Sentence
Outcome
Minimum term for life sentence set at 20 years less 496 days in custody.
Legal Topics
Murder, Transfer of Prisoners, Minimum Term Determination, Life Imprisonment, Extradition
Criminal Law International Law Murder Transfer of Prisoners Minimum Term Determination Life Imprisonment Extradition

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Parties

The Queen

Prosecutor

Hasan Akğun

Defendant

Procedural Posture

Criminal / Review of Tariff/minimum Term for Transferred Life Sentence

Legal Issues

  1. 1 What is the appropriate minimum term for Hasan Akğun's life sentence following transfer from Germany to the UK?
  2. 2 Does the minimum term comply with the Transfer of Sentenced Persons’ Convention 1983 and relevant UK statutes?

Ratio Decidendi

To achieve correspondence with the German sentence and comply with international convention, the minimum term is set at 20 years less 496 days spent in remand and pre-trial custody, reflecting the expectation of release in Germany after 20 years and the aggravating and mitigating factors under UK law.

Court Disposition

Minimum term for life sentence set at 20 years less 496 days in custody.

Orders

  • The defendant must serve a minimum term of 20 years less 496 days spent on remand and in pre-trial custody before the Parole Board may consider release on licence.