Kular, Re Review of Minimum Term [2010] EWHC 1657 (QB) (15 July 2010)

Kular, Re Review of Minimum Term [2010] EWHC 1657 (QB) (15 July 2010)

The minimum term is fixed at 18 years less 23 months and 23 days spent on remand, as required by statute and recommendations, reflecting the seriousness and aggravating factors of the offence, but constrained by the Home Secretary's notification.

Citation
[2010] EWHC 1657
Parties
Applicant: Mohan Singh Kular; Respondent: Crown
Jurisdiction
England and Wales
Judgment Date
15 July 2010
Procedural Posture
Application for Review of Minimum Term (life Sentence) / Judgment on Minimum Term Review
Outcome
minimum term specified as 18 years less 23 months and 23 days
Legal Topics
Minimum Term Review, Life Sentence, Murder, Early Release Provisions
Criminal Law Minimum Term Review Life Sentence Murder Early Release Provisions

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Parties

Mohan Singh Kular

Applicant

Crown

Respondent

Procedural Posture

Application for Review of Minimum Term (life Sentence) / Judgment on Minimum Term Review

Legal Issues

  1. 1 What is the appropriate minimum term for the applicant's life sentence for murder under the Criminal Justice Act 2003?
  2. 2 Should the minimum term be reduced by time spent on remand?

Ratio Decidendi

The minimum term is fixed at 18 years less 23 months and 23 days spent on remand, as required by statute and recommendations, reflecting the seriousness and aggravating factors of the offence, but constrained by the Home Secretary's notification.

Court Disposition

minimum term specified as 18 years less 23 months and 23 days

Orders

  • Early release provisions under section 28(5)-(8) of the Crime (Sentences) Act 1997 to apply when applicant has served specified minimum term.