Herbert & Ors, R v

Herbert & Ors, R v

The sentences imposed, including the minimum terms and application of dangerous offender provisions, were justified given the aggravating features, brutality, and risk posed by the appellants, notwithstanding their youth. The only adjustment warranted was a modest reduction in Herbert’s minimum term to reflect his guilty plea and degree of remorse.

Parties
Prosecution: R; Appellant: Herbert; Appellant: Harris; Appellant: Joseph Hulme; Appellant: Danny Hulme; Appellant: Daniel Mallett
Jurisdiction
England and Wales
Judgment Date
29 October 2008
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeals of Harris, Mallett, Danny Hulme and Joseph Hulme dismissed; appeal of Herbert allowed to a limited extent
Legal Topics
Sentencing, Murder, Grievous Bodily Harm, Dangerous Offender Provisions, Minimum Terms, Youth Offenders
Criminal Law Sentencing Murder Grievous Bodily Harm Dangerous Offender Provisions Minimum Terms Youth Offenders

Case Brief

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Parties

R

Prosecution

Herbert

Appellant

Harris

Appellant

Joseph Hulme

Appellant

Danny Hulme

Appellant

Daniel Mallett

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the minimum terms imposed for murder and grievous bodily harm were excessive given the age of the offenders
  2. 2 Whether the dangerous offender provisions under section 226 Criminal Justice Act 2003 were properly applied
  3. 3 Whether sufficient credit was given for guilty pleas

Ratio Decidendi

The sentences imposed, including the minimum terms and application of dangerous offender provisions, were justified given the aggravating features, brutality, and risk posed by the appellants, notwithstanding their youth. The only adjustment warranted was a modest reduction in Herbert’s minimum term to reflect his guilty plea and degree of remorse.

Court Disposition

Appeals of Harris, Mallett, Danny Hulme and Joseph Hulme dismissed; appeal of Herbert allowed to a limited extent

Orders

  • Minimum term for Herbert reduced to 15 years 6 months (less time served on remand)
  • Other sentences and orders affirmed