Sharp, R v [2009] EWCA Crim 542 (18 February 2009)

Sharp, R v [2009] EWCA Crim 542 (18 February 2009)

The minimum term of 27 years was too high because the planning was for robbery, not murder, there was no intention to kill, and significant violence occurred after the deceased was unconscious. The appropriate minimum term is 25 years, less time spent on remand.

Citation
[2009] EWCA Crim 542
Parties
Appellant: Michael Sharp; Respondent: Regina (The Crown)
Jurisdiction
England and Wales
Judgment Date
18 February 2009
Procedural Posture
Criminal Appeal / Appeal Against Sentence (minimum Term) After Conviction for Murder
Outcome
appeal allowed in part
Legal Topics
Murder, Sentencing, Minimum Term, Aggravating and Mitigating Factors, Statutory Interpretation
Criminal Law Murder Sentencing Minimum Term Aggravating and Mitigating Factors Statutory Interpretation

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Parties

Michael Sharp

Appellant

Regina (The Crown)

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence (minimum Term) After Conviction for Murder

Legal Issues

  1. 1 Whether the trial judge erred in assessing aggravating features for the purpose of setting the minimum term for murder
  2. 2 Whether the minimum term imposed was manifestly excessive given the facts and statutory framework

Ratio Decidendi

The minimum term of 27 years was too high because the planning was for robbery, not murder, there was no intention to kill, and significant violence occurred after the deceased was unconscious. The appropriate minimum term is 25 years, less time spent on remand.

Court Disposition

appeal allowed in part

Orders

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