Johnson, Re [2008] EWHC 160 (Admin) (01 February 2008)

Johnson, Re [2008] EWHC 160 (Admin) (01 February 2008)

The aggravating factors outweighed the mitigating factors, justifying a minimum term of 16 years, which is the lower of the terms under the previous Secretary of State practice and the 2003 Act approach.

Citation
[2008] EWHC 160 (Admin)
Parties
Defendant: Larry Johnson; Respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
01 February 2008
Procedural Posture
Criminal Minimum Term Review / Judgment on Application for Review of Minimum Term
Outcome
minimum term fixed at 16 years less time spent on remand
Legal Topics
Murder, Minimum Term Review, Life Imprisonment, Criminal Justice Act 2003
Criminal Law Murder Minimum Term Review Life Imprisonment Criminal Justice Act 2003

Case Brief

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Parties

Larry Johnson

Defendant

Secretary of State for the Home Department

Respondent

Procedural Posture

Criminal Minimum Term Review / Judgment on Application for Review of Minimum Term

Legal Issues

  1. 1 What is the appropriate minimum term to be served by the defendant for murder under the Criminal Justice Act 2003 and prior practice?

Ratio Decidendi

The aggravating factors outweighed the mitigating factors, justifying a minimum term of 16 years, which is the lower of the terms under the previous Secretary of State practice and the 2003 Act approach.

Court Disposition

minimum term fixed at 16 years less time spent on remand

Orders

  • Minimum term fixed at 16 years from 17 May 1997, less 11 months and 9 days spent in custody on remand.