McFaull & Anor, R v

McFaull & Anor, R v

The minimum term for both defendants is set at 13 years, reflecting the seriousness of the offence, aggravating and mitigating factors, and the Home Secretary's prior practice, with deduction for time spent on remand.

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 Conviction and Sentencing
Outcome
minimum term set for release on licence
Legal Topics
Murder, Sentencing, Minimum Term, Early Release
Criminal Law Murder Sentencing Minimum Term Early Release

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Parties

The Queen

Prosecution

Stephen John McFaull

Defendant

Anthony Cleaver

Defendant

Procedural Posture

Criminal / Minimum Term Determination Following Conviction and Sentencing

Legal Issues

  1. 1 What is the appropriate minimum term for release on licence for Stephen McFaull and Anthony Cleaver following conviction for murder?
  2. 2 Should aggravating and mitigating factors affect the minimum term?
  3. 3 Does the Home Secretary's prior practice limit the minimum term to 13 years?

Ratio Decidendi

The minimum term for both defendants is set at 13 years, reflecting the seriousness of the offence, aggravating and mitigating factors, and the Home Secretary's prior practice, with deduction for time spent on remand.

Court Disposition

minimum term set for release on licence

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; to Cleaver after 12 years 4 months and 12 days.