Machin, R v [2007] EWHC 1067 (QB) (16 May 2007)

Machin, R v [2007] EWHC 1067 (QB) (16 May 2007)

The minimum term of 16 years is justified due to the defendant's premeditation, use of a weapon, luring the victim, and motive of gain, outweighing the absence of intent to kill as a mitigating factor. The term is consistent with sentencing practice prior to December 2002 and reflects the seriousness of the offence.

Source-derived case information.

Citation
[2007] EWHC 1067 (QB)
Parties
Prosecution: R; Defendant: Ian Machin
Jurisdiction
England and Wales
Judgment Date
16 May 2007
Procedural Posture
Criminal / Minimum Term Determination Under Schedule 22 Criminal Justice Act 2003
Outcome
minimum term set at 16 years less time spent on remand
Legal Topics
Murder, Minimum Term Determination, Sentencing Guidelines
Criminal Law Murder Minimum Term Determination Sentencing Guidelines

Source-derived case record

Summary, issues, holding and outcome

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Parties

R

Prosecution

Ian Machin

Defendant

Procedural Posture

Criminal / Minimum Term Determination Under Schedule 22 Criminal Justice Act 2003

Legal Issues

  1. 1 Determination of minimum term for murder conviction under Schedule 22 Criminal Justice Act 2003
  2. 2 Appropriate tariff considering aggravating and mitigating factors

Ratio Decidendi

The minimum term of 16 years is justified due to the defendant's premeditation, use of a weapon, luring the victim, and motive of gain, outweighing the absence of intent to kill as a mitigating factor. The term is consistent with sentencing practice prior to December 2002 and reflects the seriousness of the offence.

Court Disposition

minimum term set at 16 years less time spent on remand

Orders

  • Minimum term for release on licence set at 16 years imprisonment, less 7 months and 8 days spent on remand