Cooper & Anor, R. v

The seriousness of the offence was particularly high due to premeditation, callousness, intention to kill, concealment of the body, and an element of gain, but the previous good character of the appellants warranted a reduction of the minimum term from 30 to 28 years.

Parties: Appellant: Roger Andrew Cooper; Appellant: David Alan Cooper; Respondent: The Crown
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: appeal against sentence allowed; appeal against conviction refused
Legal Topics: Murder, Sentencing, Appeal, Minimum Term, Murder for Gain

Criminal Law Murder Sentencing Appeal Minimum Term Murder for Gain

Case Brief

Summary, issues, holding and outcome

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Parties

Roger Andrew Cooper

Appellant

David Alan Cooper

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence; Renewed Application for Leave to Appeal Conviction Refused

Legal Issues

1 Whether the minimum term of 30 years for murder was appropriate given the aggravating and mitigating factors
2 Whether the murder was committed for gain under Schedule 21 to the Criminal Justice Act 2003
3 Whether there was a basis for distinguishing between the culpability of the two appellants

Ratio Decidendi

Court Disposition

appeal against sentence allowed; appeal against 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.