Williams, Re

Williams, Re

The minimum term is set at 9 years, as this is the period that would have been notified by the Secretary of State under the pre-2003 regime, which is lower than the term that would be set under the 2003 Act. The mitigating factors, including the spontaneous and impulsive nature of the act, lack of intent to kill, and some remorse, justify a reduction from the 14-year starting point. There are no aggravating factors. The evidence of exceptional progress in prison does not meet the threshold for further reduction.

Parties
Defendant: Stephanie Elizabeth Williams; Deceased: John Lamont
Jurisdiction
England and Wales
Judgment Date
01 February 2008
Procedural Posture
Criminal / Minimum Term Setting After Conviction and Sentence
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 After Conviction and Sentence

Legal Issues

  1. 1 What is the appropriate minimum term to be served by the defendant before parole eligibility for the offence of murder under the Criminal Justice Act 2003 and previous practice?
  2. 2 What mitigating and aggravating factors are relevant to the determination of the minimum term?

Ratio Decidendi

The minimum term is set at 9 years, as this is the period that would have been notified by the Secretary of State under the pre-2003 regime, which is lower than the term that would be set under the 2003 Act. The mitigating factors, including the spontaneous and impulsive nature of the act, lack of intent to kill, and some remorse, justify a reduction from the 14-year starting point. There are no aggravating factors. The evidence of exceptional progress in prison does not meet the threshold for further reduction.

Court Disposition

minimum term set

Orders

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