McNally, Re

McNally, Re

The seriousness of the offence was particularly high due to the victim being killed to evade justice and the sexual conduct immediately following the murder. The minimum term is set at 30 years from 18 June 2009, less time spent in custody in Germany and the UK.

Parties
Defendant: Phillip Peter McNally
Jurisdiction
England and Wales
Judgment Date
17 March 2016
Procedural Posture
Criminal / Sentencing After Transfer of Prisoner
Outcome
minimum term set
Legal Topics
Murder, Life Imprisonment, Minimum Term Setting, Transfer of Prisoners
Criminal Law Extradition Law Murder Life Imprisonment Minimum Term Setting Transfer of Prisoners

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Parties

Phillip Peter McNally

Defendant

Procedural Posture

Criminal / Sentencing After Transfer of Prisoner

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 to the defendant under English law?

Ratio Decidendi

The seriousness of the offence was particularly high due to the victim being killed to evade justice and the sexual conduct immediately following the murder. The minimum term is set at 30 years from 18 June 2009, less time spent in custody in Germany and the UK.

Court Disposition

minimum term set

Orders

  • Minimum term set at 30 years from 18 June 2009, less time spent in custody in Germany and the UK.