R v Adebolajo & Anor

R v Adebolajo & Anor

The Queen's Peace element in murder relates to the victim, not the killer; Adebolajo's belief in being at war is irrelevant. The representation order was properly made and not subject to change without material change of circumstances. The sentences imposed were justified by the seriousness, planning, and ideological motivation of the crime.

Parties
Prosecution: Regina; Applicant: Michael Adebolajo; Appellant: Michael Adebowale
Jurisdiction
England and Wales
Judgment Date
03 December 2014
Procedural Posture
Criminal Appeal / Judgment on Renewed Application for Leave to Appeal Against Conviction and Sentence (adebolajo) and Appeal Against Sentence (adebowale)
Outcome
All appeals and applications refused; sentences upheld.
Legal Topics
Murder, Appeals, Sentencing, Jurisdiction, Queen's Peace, Representation Orders
Criminal Law Murder Appeals Sentencing Jurisdiction Queen's Peace Representation Orders

Case Brief

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Parties

Regina

Prosecution

Michael Adebolajo

Applicant

Michael Adebowale

Appellant

Procedural Posture

Criminal Appeal / Judgment on Renewed Application for Leave to Appeal Against Conviction and Sentence (adebolajo) and Appeal Against Sentence (adebowale)

Legal Issues

  1. 1 Whether the murder of Lee Rigby was committed under the Queen's Peace and whether the belief of being at war is a defence to murder
  2. 2 Whether the representation order was properly made under the Criminal Defence (General) (No 2) Regulations 2000
  3. 3 Whether the imposition of a whole life order on Adebolajo and a 45-year minimum term on Adebowale was justified

Ratio Decidendi

The Queen's Peace element in murder relates to the victim, not the killer; Adebolajo's belief in being at war is irrelevant. The representation order was properly made and not subject to change without material change of circumstances. The sentences imposed were justified by the seriousness, planning, and ideological motivation of the crime.

Court Disposition

All appeals and applications refused; sentences upheld.

Orders

  • Renewed application for leave to appeal against conviction by Adebolajo refused.
  • Renewed application for leave to appeal against sentence by Adebolajo refused.