Kular, Re Review of Minimum Term

Kular, Re Review of Minimum Term

The minimum term is fixed at 18 years, less 23 months and 23 days spent on remand, as the seriousness of the offence (cold-blooded murder for gain with planning and premeditation) would warrant a higher term, but the court is bound not to exceed the term notified by the Home Secretary. No exceptional mitigating factors justify a reduction below 18 years.

Parties
Applicant: Mohan Singh Kular; Respondent: Crown
Jurisdiction
England and Wales
Judgment Date
15 July 2010
Procedural Posture
Criminal / Application for Review of Minimum Term
Outcome
application dismissed; minimum term specified
Legal Topics
Murder, Minimum Term Review, Life Sentence, Early Release
Criminal Law Murder Minimum Term Review Life Sentence Early Release

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Parties

Mohan Singh Kular

Applicant

Crown

Respondent

Procedural Posture

Criminal / Application for Review of Minimum Term

Legal Issues

  1. 1 What is the appropriate minimum term to be served by the applicant before eligibility for early release under the Criminal Justice Act 2003?

Ratio Decidendi

The minimum term is fixed at 18 years, less 23 months and 23 days spent on remand, as the seriousness of the offence (cold-blooded murder for gain with planning and premeditation) would warrant a higher term, but the court is bound not to exceed the term notified by the Home Secretary. No exceptional mitigating factors justify a reduction below 18 years.

Court Disposition

application dismissed; minimum term specified

Orders

  • The minimum term is specified as 18 years less 23 months and 23 days spent on remand.
  • The early release provisions under section 28(5) to (8) of the Crime (Sentences) Act 1997 are to apply when the specified minimum term is served.