McNally, Re [2015] EWHC 3613 (Admin) (17 March 2016)

McNally, Re [2015] EWHC 3613 (Admin) (17 March 2016)

The seriousness of the offence is particularly high, as the victim was killed to evade justice and the murder was immediately followed by sexual conduct. The minimum term is set at 30 years, less time spent in custody, as indicated by Schedule 21, paragraph 5 of the Criminal Justice Act 2003.

Source-derived case information.

Citation
[2015] EWHC 3613 (Admin)
Parties
Defendant: Phillip Peter McNally
Jurisdiction
England and Wales
Judgment Date
17 March 2016
Procedural Posture
Application for Determination of Minimum Term for Transferred Life Prisoner / Judgment on Setting Minimum Term
Outcome
minimum term set at 30 years from 18 June 2009, less time spent in custody in Germany and the UK for this offence
Legal Topics
Minimum Term for Life Sentence, Transfer of Prisoners, Early Release Provisions, Comparison of English and German Sentencing Law
Criminal Law Extradition Law Minimum Term for Life Sentence Transfer of Prisoners Early Release Provisions Comparison of English and German Sentencing Law

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Parties

Phillip Peter McNally

Defendant

Procedural Posture

Application for Determination of Minimum Term for Transferred Life Prisoner / Judgment on Setting Minimum Term

Legal Issues

  1. 1 What is the appropriate minimum term to be set for a transferred life prisoner convicted of murder in Germany?
  2. 2 Should the early release provisions apply or be excluded under English law for this offence?

Ratio Decidendi

The seriousness of the offence is particularly high, as the victim was killed to evade justice and the murder was immediately followed by sexual conduct. The minimum term is set at 30 years, less time spent in custody, as indicated by Schedule 21, paragraph 5 of the Criminal Justice Act 2003.

Court Disposition

minimum term set at 30 years from 18 June 2009, less time spent in custody in Germany and the UK for this offence

Orders

  • Minimum term of 30 years set from 18 June 2009, less time spent in custody in Germany and the UK pending trial, sentencing, and extradition.