Markham & Anor v R (Rev 1)

Markham & Anor v R (Rev 1)

The minimum term for detention at Her Majesty’s pleasure for both appellants is reduced from 20 years to 17½ years less time spent on remand, reflecting full admissions and the only issue being psychiatric evidence. Reporting restrictions are lifted as the public interest in open justice outweighs welfare concerns, and restrictions impose a substantial and unreasonable burden on reporting.

Parties
Appellant: Stan Lucas Markham; Appellant: Kim Rose Edwards; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
09 June 2017
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence and Reporting Restrictions
Outcome
appeals allowed
Legal Topics
Murder, Sentencing, Reporting Restrictions, Children's Rights, Diminished Responsibility, Open Justice
Criminal Law Juvenile Justice Human Rights Murder Sentencing Reporting Restrictions Children's Rights Diminished Responsibility +1 more

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Parties

Stan Lucas Markham

Appellant

Kim Rose Edwards

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence and Reporting Restrictions

Legal Issues

  1. 1 Appropriate minimum term for detention at Her Majesty’s pleasure for child offenders convicted of double murder
  2. 2 Whether reporting restrictions protecting identity of child offenders should be lifted
  3. 3 Proper application of aggravating and mitigating factors under Schedule 21 Criminal Justice Act 2003

Ratio Decidendi

The minimum term for detention at Her Majesty’s pleasure for both appellants is reduced from 20 years to 17½ years less time spent on remand, reflecting full admissions and the only issue being psychiatric evidence. Reporting restrictions are lifted as the public interest in open justice outweighs welfare concerns, and restrictions impose a substantial and unreasonable burden on reporting.

Court Disposition

appeals allowed

Orders

  • Minimum term for both appellants substituted to 17½ years less time spent on remand
  • Reporting restrictions lifted; excepting direction made under s.45(5) Youth Justice and Criminal Evidence Act 1999