Allison, R. v [2021] EWCA Crim 1670 (26 October 2021)
The aggravating factors, including the use of a hunting knife, vulnerability of the victim, concealment of the body, conspiracy to pervert the course of justice, applicant's previous convictions, and intent to kill, clearly outweighed the single mitigating factor of lack of premeditation, justifying the minimum term of 22 years.
- Citation
- [2021] EWCA Crim 1670
- Parties
- Prosecution: Regina; Applicant: John Robert Allison
- Jurisdiction
- England and Wales
- Judgment Date
- 26 October 2021
- Procedural Posture
- Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence
- Outcome
- application for leave to appeal against sentence refused
- Legal Topics
- Murder, Sentencing, Conspiracy to Pervert the Course of Justice, Minimum Term
Case Brief
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Parties
Regina
Prosecution
John Robert Allison
Applicant
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence
Legal Issues
- 1 Was the minimum term of 22 years for life imprisonment manifestly excessive?
- 2 Did the judge correctly weigh aggravating and mitigating factors in sentencing for murder and conspiracy to pervert the course of justice?
Ratio Decidendi
The aggravating factors, including the use of a hunting knife, vulnerability of the victim, concealment of the body, conspiracy to pervert the course of justice, applicant's previous convictions, and intent to kill, clearly outweighed the single mitigating factor of lack of premeditation, justifying the minimum term of 22 years.
Court Disposition
application for leave to appeal against sentence refused
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