Maynard-Ellis & Anor, R. v [2021] EWCA Crim 317 (26 February 2021)

Maynard-Ellis & Anor, R. v [2021] EWCA Crim 317 (26 February 2021)

The trial judge was entitled, on the evidence, to conclude that the murder did not involve sexual or sadistic conduct within the meaning of Schedule 21, paragraph 5(2)(e) of the Criminal Justice Act 2003, and to set the minimum terms accordingly. The sentences imposed were not unduly lenient.

Citation
[2021] EWCA Crim 317
Parties
Prosecution: Regina; Offender: Nathan Maynard-Ellis; Offender: David Leesley
Jurisdiction
England and Wales
Judgment Date
26 February 2021
Procedural Posture
Criminal / Reference by Attorney General Under S.36 Criminal Justice Act 1988 (appeal Against Sentence)
Outcome
leave to refer sentence refused
Legal Topics
Murder, Rape, Attempted Rape, Threats to Kill, Perverting the Course of Justice, Disposal of a Corpse, Sentencing, Unduly Lenient Sentences, Minimum Term, Sexual or Sadistic Conduct
Criminal Law Murder Rape Attempted Rape Threats to Kill Perverting the Course of Justice Disposal of a Corpse Sentencing +3 more

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Parties

Regina

Prosecution

Nathan Maynard-Ellis

Offender

David Leesley

Offender

Procedural Posture

Criminal / Reference by Attorney General Under S.36 Criminal Justice Act 1988 (appeal Against Sentence)

Legal Issues

  1. 1 Whether the minimum terms imposed for murder and associated offences were unduly lenient
  2. 2 Whether the murder involved sexual or sadistic conduct within the meaning of Schedule 21 Criminal Justice Act 2003

Ratio Decidendi

The trial judge was entitled, on the evidence, to conclude that the murder did not involve sexual or sadistic conduct within the meaning of Schedule 21, paragraph 5(2)(e) of the Criminal Justice Act 2003, and to set the minimum terms accordingly. The sentences imposed were not unduly lenient.

Court Disposition

leave to refer sentence refused

Orders

  • Leave to refer the sentences as unduly lenient is refused in both cases.