Akbar, R. v [2004] EWHC 1819 (QB) (11 August 2006)

Akbar, R. v [2004] EWHC 1819 (QB) (11 August 2006)

The appropriate minimum term is 14 years, reflecting the starting point under the applicable guidelines at the time of the offence, with aggravating and mitigating factors balancing each other out. The defendant's youth is significant mitigation, but the aggravating features (carrying a knife, unprovoked attack) justify no reduction below the starting point.

Citation
[2004] EWHC 1819
Parties
Prosecution: Regina; Defendant: Samir Akbar
Jurisdiction
England and Wales
Judgment Date
11 August 2006
Procedural Posture
Criminal / Minimum Term Determination Under Criminal Justice Act 2003, Schedule 22
Outcome
minimum term set at 14 years, reduced by 7 months and 1 day for pre-sentence custody
Legal Topics
Murder, Minimum Term, Life Sentence, Tariff, Sentencing Guidelines
Criminal Law Murder Minimum Term Life Sentence Tariff Sentencing Guidelines

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Parties

Regina

Prosecution

Samir Akbar

Defendant

Procedural Posture

Criminal / Minimum Term Determination Under Criminal Justice Act 2003, Schedule 22

Legal Issues

  1. 1 What is the appropriate minimum term to be served by the defendant before eligibility for parole under the new sentencing regime?

Ratio Decidendi

The appropriate minimum term is 14 years, reflecting the starting point under the applicable guidelines at the time of the offence, with aggravating and mitigating factors balancing each other out. The defendant's youth is significant mitigation, but the aggravating features (carrying a knife, unprovoked attack) justify no reduction below the starting point.

Court Disposition

minimum term set at 14 years, reduced by 7 months and 1 day for pre-sentence custody

Orders

  • The minimum term before parole eligibility is 14 years, less 7 months and 1 day spent in custody before sentencing.