Ryan Herbert (Review of Tariff), Re
Herbert's progress in custody since 2012, culminating in exemplary behaviour, significant educational achievements, and positive contributions to the prison community, constitutes exceptional and unforeseen progress that could not have been anticipated at sentencing, justifying a reduction of his minimum tariff by one year.
- Parties
- Applicant: Ryan Herbert; Respondent: The Crown
- Jurisdiction
- England and Wales
- Judgment Date
- 10 February 2020
- Procedural Posture
- Criminal / Tariff Review (post Conviction)
- Outcome
- Tariff reduced
- Legal Topics
- Tariff Review, Exceptional Progress, Detention During Her Majesty's Pleasure, Minimum Term Reduction
Case Brief
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Parties
Ryan Herbert
Applicant
The Crown
Respondent
Procedural Posture
Criminal / Tariff Review (post Conviction)
Legal Issues
- 1 Whether Ryan Herbert has demonstrated exceptional and unforeseen progress warranting a reduction of his minimum tariff period
Ratio Decidendi
Herbert's progress in custody since 2012, culminating in exemplary behaviour, significant educational achievements, and positive contributions to the prison community, constitutes exceptional and unforeseen progress that could not have been anticipated at sentencing, justifying a reduction of his minimum tariff by one year.
Court Disposition
Tariff reduced
Orders
- Minimum tariff reduced by one year to 14 years 6 months less 259 days spent on remand
- Parole Board to assess release eligibility after expiry of reduced tariff
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