Butterworth, Re Review of Minimum Term

Butterworth, Re Review of Minimum Term

The minimum term is set at 14 years, less 10 months 20 days spent on remand, as the seriousness and aggravating factors of the offence justify the notified period, and no exceptional mitigation warrants reduction below this figure.

Parties
Applicant: Robert Andrew Butterworth; Victim: Mark Sykes
Jurisdiction
England and Wales
Judgment Date
15 July 2010
Procedural Posture
Criminal / Minimum Term Review
Outcome
minimum term specified
Legal Topics
Murder, Minimum Term Review, Sentencing, Early Release Provisions
Criminal Law Murder Minimum Term Review Sentencing Early Release Provisions

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Parties

Robert Andrew Butterworth

Applicant

Mark Sykes

Victim

Procedural Posture

Criminal / Minimum Term Review

Legal Issues

  1. 1 What is the appropriate minimum term to be served by the applicant before eligibility for early release on licence?
  2. 2 Should the minimum term notified by the Home Secretary be reduced based on mitigating factors or time spent on remand?

Ratio Decidendi

The minimum term is set at 14 years, less 10 months 20 days spent on remand, as the seriousness and aggravating factors of the offence justify the notified period, and no exceptional mitigation warrants reduction below this figure.

Court Disposition

minimum term specified

Orders

  • Minimum term specified as 14 years less 10 months 20 days.
  • Early release provisions under section 28(5) to (8) of the Crime (Sentences) Act 1997 to apply when applicant has served the specified term.