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

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

The minimum term for each defendant 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 (QB)
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 terms set for parole eligibility; early release provisions to apply after specified custodial periods.
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. 1 What is the appropriate minimum term to be served by each defendant before eligibility for parole following a conviction for murder under the Criminal Justice Act 2003?

Ratio Decidendi

The minimum term for each defendant 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.

Court Disposition

Minimum terms set for parole eligibility; early release provisions to apply after specified custodial periods.

Orders

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