Ford, R v

Parties

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

1. 1 Whether the sentencing judge erred in applying section 244 of the Criminal Justice Act 2003 to the appellant's case
2. 2 Whether the sentence for attempted murder should be increased to reflect new starting points for murder under the Criminal Justice Act 2003
3. 3 Whether judicially increasing the sentence for attempted murder pending new statutory provisions is contrary to Article 7 of the European Convention on Human Rights

Ratio Decidendi

The sentencing judge erred in applying section 244 of the Criminal Justice Act 2003, which did not apply to the appellant's offence. The correct sentence should reflect the regime in force at the time of the offence, resulting in a sentence of 24 years to maintain proportionality with the new starting point for murder while applying the correct release provisions.

Court Disposition

Appeal allowed in part; sentence reduced

Orders

• Sentence of 30 years' imprisonment quashed
• Sentence of 24 years' imprisonment substituted, concurrent on each count