Wynne, R. v [2006] EWCA Crim 1943 (05 July 2006)
The minimum term of 21 years was excessive in light of the balance between aggravating and mitigating factors; the use of the meat cleaver could be treated as aggravating, but the mitigating features warranted a reduction. The appropriate minimum term is 18 years less time spent on remand.
- Citation
- [2006] EWCA Crim 1943
- Parties
- Prosecution: Regina; Applicant: Stephen Alan Wynne
- Jurisdiction
- England and Wales
- Judgment Date
- 05 July 2006
- Procedural Posture
- Criminal Appeal / Application for Leave to Appeal Against Sentence
- Outcome
- appeal allowed in part
- Legal Topics
- Murder, Arson, Sentencing, Minimum Term, Aggravating and Mitigating Factors
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Prosecution
Stephen Alan Wynne
Applicant
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Legal Issues
- 1 Whether the minimum term of 21 years for murder was manifestly excessive
- 2 Whether the use of a meat cleaver was properly treated as an aggravating factor
- 3 Whether sufficient credit was given for mitigating factors including plea, lack of premeditation, and no intent to kill
Ratio Decidendi
The minimum term of 21 years was excessive in light of the balance between aggravating and mitigating factors; the use of the meat cleaver could be treated as aggravating, but the mitigating features warranted a reduction. The appropriate minimum term is 18 years less time spent on remand.
Court Disposition
appeal allowed in part
Orders
- Minimum term of 21 years less 181 days spent on remand quashed and substituted with 18 years less 181 days spent on remand
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