Patterson, R v

Patterson, R v

The trial judge gave insufficient weight to the mitigating factors, particularly the lack of premeditation, intention to cause serious harm rather than kill, age, remorse, and positive good character. The appropriate minimum term should be 12 years, not 14 years, less time spent on remand.

Parties
Appellant: Rickell Patterson; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
24 April 2008
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Murder, Sentencing of Juveniles, Minimum Term, Aggravating and Mitigating Factors
Criminal Law Murder Sentencing of Juveniles Minimum Term Aggravating and Mitigating Factors

Case Brief

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Parties

Rickell Patterson

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 What is the appropriate minimum term for a juvenile convicted of murder under Schedule 21 of the Criminal Justice Act 2003?
  2. 2 Did the trial judge give proper weight to the mitigating and aggravating factors in setting the minimum term?

Ratio Decidendi

The trial judge gave insufficient weight to the mitigating factors, particularly the lack of premeditation, intention to cause serious harm rather than kill, age, remorse, and positive good character. The appropriate minimum term should be 12 years, not 14 years, less time spent on remand.

Court Disposition

appeal allowed

Orders

  • Minimum term reduced to 12 years less 224 days spent on remand.