Samuel, R. v

Samuel, R. v

The aggravating and mitigating factors balance themselves; the minimum term should be reduced to 30 years as the original term was too long given the appellant's mental history and lack of premeditation.

Parties
Appellant: Perry Samuel; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
16 July 2007
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Sentencing, Murder, Mitigating Factors, Aggravating Factors, Mental Health
Criminal Law Sentencing Murder Mitigating Factors Aggravating Factors Mental Health

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Perry Samuel

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the minimum term of 35 years for life imprisonment was excessive given the mitigating and aggravating factors

Ratio Decidendi

The aggravating and mitigating factors balance themselves; the minimum term should be reduced to 30 years as the original term was too long given the appellant's mental history and lack of premeditation.

Court Disposition

appeal allowed in part

Orders

  • Minimum term reduced to 30 years for both sentences.
  • Time spent on remand in custody to count towards minimum terms.