Williams, Re [2008] EWHC 154 (Admin) (01 February 2008)

Williams, Re [2008] EWHC 154 (Admin) (01 February 2008)

The minimum term is set at 9 years, reduced from the standard starting point due to strong mitigating factors: the act was spontaneous and impulsive, the defendant intended only serious bodily harm (not death), showed remorse, and prior aggression by the deceased was a weak mitigating factor. No aggravating factors were present. The period is not reduced further for prison progress as the evidence does not meet the required threshold.

Citation
[2008] EWHC 154 (Admin)
Parties
Defendant: Stephanie Elizabeth Williams; Deceased: John Lamont
Jurisdiction
England and Wales
Judgment Date
01 February 2008
Procedural Posture
Criminal / Minimum Term Setting Post Conviction
Outcome
minimum term set
Legal Topics
Murder, Minimum Term, Sentencing, Mitigating Factors, Provocation
Criminal Law Murder Minimum Term Sentencing Mitigating Factors Provocation

Case Brief

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Parties

Stephanie Elizabeth Williams

Defendant

John Lamont

Deceased

Procedural Posture

Criminal / Minimum Term Setting Post Conviction

Legal Issues

  1. 1 What is the appropriate minimum term to be served by the defendant before eligibility for parole under the Criminal Justice Act 2003 for the offence of murder?

Ratio Decidendi

The minimum term is set at 9 years, reduced from the standard starting point due to strong mitigating factors: the act was spontaneous and impulsive, the defendant intended only serious bodily harm (not death), showed remorse, and prior aggression by the deceased was a weak mitigating factor. No aggravating factors were present. The period is not reduced further for prison progress as the evidence does not meet the required threshold.

Court Disposition

minimum term set

Orders

  • The minimum term to be served by the defendant before eligibility for parole is fixed at 9 years from 22 October 2002.