McFaull & Anor, R v [2005] EWHC 2036 (QB) (29 September 2005)

The minimum term for both defendants is set at 13 years, reflecting the seriousness of the offence, aggravating and mitigating factors, and the practice that would have been followed by the Home Secretary at the time, with deduction for time spent on remand.

Citation: [2005] EWHC 2036
Parties: Prosecution: The Queen; Defendant: Stephen John McFaull; Defendant: Anthony Cleaver
Jurisdiction: England and Wales
Judgment Date: 29 September 2005
Procedural Posture: Criminal / Minimum Term Determination Following Murder Conviction
Outcome: Minimum term set for both defendants with deduction for time spent on remand.
Legal Topics: Murder, Minimum Term, Sentencing, Parole Eligibility

Criminal Law Murder Minimum Term Sentencing Parole Eligibility

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Parties

The Queen

Prosecution

Stephen John McFaull

Defendant

Anthony Cleaver

Defendant

Procedural Posture

Criminal / Minimum Term Determination Following Murder Conviction

Legal Issues

1 What is the appropriate minimum term to be served by each defendant before eligibility for release on licence under the Criminal Justice Act 2003?

Ratio Decidendi

Court Disposition

Minimum term set for both defendants with deduction for time spent on remand.

Orders

Early release provisions under sections 28(5)-(8) of the Crime (Sentences) Act 1997 apply to McFaull after 12 years 4 months 20 days and to Cleaver after 12 years 4 months 12 days.