Akgun, R v [2014] EWHC 2849 (QB) (26 November 2014)

Akgun, R v [2014] EWHC 2849 (QB) (26 November 2014)

To achieve correspondence with the likely custodial period in Germany and avoid aggravating the sentence, the appropriate minimum term is 20 years less 496 days spent on remand and awaiting extradition, reflecting the expectation that release before 20 years in Germany would have been highly improbable.

Citation
[2014] EWHC 2849 (QB)
Parties
Prosecution: The Queen; Defendant: Hasan Akgun
Jurisdiction
England and Wales
Judgment Date
26 November 2014
Procedural Posture
Criminal / Review of Tariff / Minimum Term for Transferred Life Sentence
Outcome
minimum term set for life sentence (tariff)
Legal Topics
Murder, Minimum Term Determination, Transfer of Prisoners, Tariff Setting, Parole Eligibility
Criminal Law Extradition Law International Law Murder Minimum Term Determination Transfer of Prisoners Tariff Setting Parole Eligibility

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Parties

The Queen

Prosecution

Hasan Akgun

Defendant

Procedural Posture

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

Legal Issues

  1. 1 What is the appropriate minimum term to be served by Hasan Akgun under UK law for a German murder conviction, considering the requirements of the Repatriation of Prisoners Act 1984, the Criminal Justice Act 2003, and the Transfer of Sentenced Persons' Convention 1983?

Ratio Decidendi

To achieve correspondence with the likely custodial period in Germany and avoid aggravating the sentence, the appropriate minimum term is 20 years less 496 days spent on remand and awaiting extradition, reflecting the expectation that release before 20 years in Germany would have been highly improbable.

Court Disposition

minimum term set for life sentence (tariff)

Orders

  • The minimum term which the defendant must serve is 20 years less 496 days spent on remand and in pre-trial custody and awaiting extradition.