Green, Re Setting the Applicant's Minimum Term

Green, Re Setting the Applicant's Minimum Term

The minimum term of 20 years is justified based on the seriousness of the offence, aggravating factors, and sentencing guidelines. The applicant's progress in prison does not meet the high threshold for exceptional progress, and there is no proper expression of remorse. The period of 16 months and 10 days spent in custody prior to sentencing should count towards the minimum term, but no further reduction is warranted.

Parties
Applicant: Peter Green; Respondent: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
28 July 2010
Procedural Posture
Criminal / Minimum Term Review
Outcome
application dismissed
Legal Topics
Minimum Term Setting, Murder, Joint Enterprise, Sentencing Guidelines
Criminal Law Minimum Term Setting Murder Joint Enterprise Sentencing Guidelines

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Parties

Peter Green

Applicant

Crown Prosecution Service

Respondent

Procedural Posture

Criminal / Minimum Term Review

Legal Issues

  1. 1 Whether the applicant's minimum term should be reduced under Schedule 22 of the Criminal Justice Act 2003
  2. 2 Whether exceptional progress in prison justifies a reduction in the minimum term
  3. 3 Whether time spent in custody prior to sentencing should count towards the minimum term

Ratio Decidendi

The minimum term of 20 years is justified based on the seriousness of the offence, aggravating factors, and sentencing guidelines. The applicant's progress in prison does not meet the high threshold for exceptional progress, and there is no proper expression of remorse. The period of 16 months and 10 days spent in custody prior to sentencing should count towards the minimum term, but no further reduction is warranted.

Court Disposition

application dismissed

Orders

  • The minimum term remains at 20 years.
  • The period of 16 months and 10 days spent in custody prior to sentencing counts towards the minimum term.