Coonan (Formerly Sutcliffe), R v

Coonan (Formerly Sutcliffe), R v

Given the number, brutality, and public impact of the offences, and the absence of a finding of diminished responsibility, the seriousness is exceptionally high and merits a whole life term. The Home Secretary would more likely than not have set a whole life tariff under pre-2002 practice. No reduction is warranted...

Source-derived case information.

Parties
Applicant: R; Respondent: Peter Coonan (formerly Sutcliffe)
Jurisdiction
England and Wales
Judgment Date
16 July 2010
Procedural Posture
Criminal / Tariff Setting Following Mandatory Life Sentence; Application Under Criminal Justice Act 2003, S269
Outcome
Whole life order imposed; no minimum term set; early release provisions disapplied.
Legal Topics
Murder, Sentencing, Tariff Setting, Mental Disorder and Criminal Responsibility
Criminal Law Murder Sentencing Tariff Setting Mental Disorder and Criminal Responsibility

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Parties

R

Applicant

Peter Coonan (formerly Sutcliffe)

Respondent

Procedural Posture

Criminal / Tariff Setting Following Mandatory Life Sentence; Application Under Criminal Justice Act 2003, S269

Legal Issues

  1. 1 What is the appropriate minimum term (tariff) for Peter Coonan's mandatory life sentences for multiple murders and attempted murders?
  2. 2 Should the minimum term be a whole life order or a determinate term?
  3. 3 Does mental disorder or disability lower the degree of culpability for the purpose of setting the minimum term?

Ratio Decidendi

Given the number, brutality, and public impact of the offences, and the absence of a finding of diminished responsibility, the seriousness is exceptionally high and merits a whole life term. The Home Secretary would more likely than not have set a whole life tariff under pre-2002 practice. No reduction is warranted for mental disorder or progress in detention.

Court Disposition

Whole life order imposed; no minimum term set; early release provisions disapplied.

Orders

  • The provisions of s28(5)-(8) of the Crime (Sentences) Act 1997 (early release) are not to apply to the Respondent.