O'Brien, R v

O'Brien, R v

The appropriate starting point for the minimum term was 15/16 years, not 12 years. The use of a firearm in a calculated and deliberate manner was a significant aggravating factor, but the case did not fall within the 'especially grave' category warranting 20 years or more. The minimum term of 24 years was manifestly excessive; the correct term is 18 years less time spent on remand, resulting in 17 years 1 month and 28 days.

Parties
Appellant: Michael O'Brien; Respondent: Regina (The Crown)
Jurisdiction
England and Wales
Judgment Date
24 January 2005
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Sentence
Outcome
appeal allowed in part
Legal Topics
Murder, Sentencing, Minimum Term, Firearm Offences, Transitional Provisions
Criminal Law Murder Sentencing Minimum Term Firearm Offences Transitional Provisions

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Parties

Michael O'Brien

Appellant

Regina (The Crown)

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Sentence

Legal Issues

  1. 1 Whether the minimum term of 24 years imposed for murder was manifestly excessive under the applicable transitional sentencing provisions
  2. 2 What is the correct starting point for the minimum term under the May 2002 practice direction and relevant aggravating/mitigating factors

Ratio Decidendi

The appropriate starting point for the minimum term was 15/16 years, not 12 years. The use of a firearm in a calculated and deliberate manner was a significant aggravating factor, but the case did not fall within the 'especially grave' category warranting 20 years or more. The minimum term of 24 years was manifestly excessive; the correct term is 18 years less time spent on remand, resulting in 17 years 1 month and 28 days.

Court Disposition

appeal allowed in part

Orders

  • Minimum term reduced to 17 years 1 month and 28 days (18 years less 10 months 3 days on remand)