Sharp, R v

Sharp, R v

The minimum term imposed was excessive because the planning was for robbery, not murder, and there was no intention to kill; the violence after the deceased became unconscious and appellant's age were mitigating factors. The minimum term should be reduced to 25 years less time on remand.

Parties
Respondent: Regina; Appellant: Michael Sharp
Jurisdiction
England and Wales
Judgment Date
18 February 2009
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Minimum Term for Murder
Outcome
appeal allowed in part
Legal Topics
Sentencing, Murder, Minimum Term, Aggravating and Mitigating Factors
Criminal Law Sentencing Murder Minimum Term Aggravating and Mitigating Factors

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Respondent

Michael Sharp

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Minimum Term for Murder

Legal Issues

  1. 1 Whether the minimum term imposed for murder was excessive given the aggravating and mitigating factors
  2. 2 Whether the trial judge correctly applied statutory sentencing guidelines

Ratio Decidendi

The minimum term imposed was excessive because the planning was for robbery, not murder, and there was no intention to kill; the violence after the deceased became unconscious and appellant's age were mitigating factors. The minimum term should be reduced to 25 years less time on remand.

Court Disposition

appeal allowed in part

Orders

  • Minimum term reduced to 25 years less 153 days spent on remand