Herbert & Ors, R v [2008] EWCA Crim 2501 (29 October 2008)

Herbert & Ors, R v [2008] EWCA Crim 2501 (29 October 2008)

Aggravating features of the offences, including hate crime motivation, extreme violence, and youth offenders' conduct, justified high minimum terms and application of dangerous offender provisions; guilty plea discounts were properly applied except for Herbert, whose minimum term was reduced further due to...

Source-derived case information.

Citation
[2008] EWCA Crim 2501
Parties
Prosecution: R (The Crown); 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 in part.
Legal Topics
Sentencing, Murder, Grievous Bodily Harm, Dangerous Offender Provisions, Youth Offenders, Guilty Plea Discount
Criminal Law Sentencing Murder Grievous Bodily Harm Dangerous Offender Provisions Youth Offenders Guilty Plea Discount

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Parties

R (The Crown)

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 Appropriateness of minimum terms for murder and grievous bodily harm for youth offenders
  2. 2 Application of dangerous offender provisions under section 226 Criminal Justice Act 2003
  3. 3 Proper allowance for guilty plea discounts

Ratio Decidendi

Aggravating features of the offences, including hate crime motivation, extreme violence, and youth offenders' conduct, justified high minimum terms and application of dangerous offender provisions; guilty plea discounts were properly applied except for Herbert, whose minimum term was reduced further due to circumstances surrounding his plea.

Court Disposition

Appeals of Harris, Mallett, Danny Hulme and Joseph Hulme dismissed; appeal of Herbert allowed in part.

Orders

  • Minimum term for Herbert reduced to 15 years 6 months (less time served on remand); other sentences affirmed.