Cooper & Anor, R. v [2017] EWCA Crim 419 (08 March 2017)

Cooper & Anor, R. v [2017] EWCA Crim 419 (08 March 2017)

The murder was premeditated, callous, and involved an element of gain (preservation of employment and financial benefits), justifying classification as particularly high seriousness under Schedule 21. However, balancing aggravating and mitigating factors, the minimum term should be reduced from 30 to 28 years for both appellants.

Citation
[2017] EWCA Crim 419
Parties
Prosecution: Regina; Appellant: Roger Andrew Cooper; Appellant: David Alan Cooper
Jurisdiction
England and Wales
Judgment Date
08 March 2017
Procedural Posture
Criminal Appeal / Appeal Against Sentence; Renewed Application for Leave to Appeal Conviction (refused)
Outcome
appeals against sentence allowed to the limited extent of reducing the minimum term; renewed application for leave to appeal conviction refused
Legal Topics
Murder, Sentencing, Minimum Term, Murder for Gain, Premeditation, Concealment of Body
Criminal Law Murder Sentencing Minimum Term Murder for Gain Premeditation Concealment of Body

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Parties

Regina

Prosecution

Roger Andrew Cooper

Appellant

David Alan Cooper

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence; Renewed Application for Leave to Appeal Conviction (refused)

Legal Issues

  1. 1 Whether the minimum term of 30 years imposed for murder was manifestly excessive
  2. 2 Whether the murder was committed for gain within the meaning of Schedule 21 to the Criminal Justice Act 2003
  3. 3 Whether there was a distinction in culpability between the two appellants

Ratio Decidendi

The murder was premeditated, callous, and involved an element of gain (preservation of employment and financial benefits), justifying classification as particularly high seriousness under Schedule 21. However, balancing aggravating and mitigating factors, the minimum term should be reduced from 30 to 28 years for both appellants.

Court Disposition

appeals against sentence allowed to the limited extent of reducing the minimum term; renewed application for leave to appeal conviction refused

Orders

  • Minimum term of 30 years quashed and substituted with a minimum term of 28 years (less time on remand) for both appellants
  • No distinction in culpability between the appellants