Martin, R v

Martin, R v

Although the appellant was just over 18, the minimum term should reflect his youth and immaturity, and a reduction from 15 to 13 years is appropriate after balancing aggravating and mitigating factors.

Source-derived case information.

Parties
Prosecution: Regina; Appellant: Richard McGarvey Martin
Jurisdiction
England and Wales
Judgment Date
22 May 2009
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Murder, Minimum Term, Mitigating Factors, Aggravating Factors, Youth Offenders
Criminal Law Sentencing Murder Minimum Term Mitigating Factors Aggravating Factors Youth Offenders

Source-derived case record

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Parties

Regina

Prosecution

Richard McGarvey Martin

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the minimum term of 15 years for murder imposed on an 18-year-old appellant was appropriate given his age and other mitigating factors
  2. 2 How Schedule 21 of the Criminal Justice Act 2003 should be applied to young adult offenders

Ratio Decidendi

Although the appellant was just over 18, the minimum term should reflect his youth and immaturity, and a reduction from 15 to 13 years is appropriate after balancing aggravating and mitigating factors.

Court Disposition

appeal allowed in part

Orders

  • Minimum term for murder reduced from 15 years to 13 years, less 295 days spent on remand