Wynne, R. v

Wynne, R. v

The minimum term imposed was too high given the balance of aggravating and mitigating features; the use of the meat cleaver was properly considered as aggravating, but the mitigating factors warranted a reduction in the minimum term.

Parties
Prosecution: Regina; Applicant: Stephen Alan Wynne
Jurisdiction
England and Wales
Judgment Date
05 July 2006
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Murder, Sentencing, Mitigation, Aggravating Factors, Minimum Term
Criminal Law Murder Sentencing Mitigation Aggravating Factors Minimum Term

Case Brief

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Parties

Regina

Prosecution

Stephen Alan Wynne

Applicant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the minimum term of 21 years for murder was manifestly excessive
  2. 2 Whether the use of a meat cleaver was an aggravating feature
  3. 3 Whether sufficient credit was given to mitigating factors

Ratio Decidendi

The minimum term imposed was too high given the balance of aggravating and mitigating features; the use of the meat cleaver was properly considered as aggravating, but the mitigating factors warranted a reduction in the minimum term.

Court Disposition

appeal allowed

Orders

  • Minimum term of 21 years less 181 days spent on remand quashed
  • Substituted minimum term of 18 years less 181 days spent on remand