Coleman & Anor v R [2007] EWCA Crim 2318 (10 October 2007)

Coleman & Anor v R [2007] EWCA Crim 2318 (10 October 2007)

The minimum terms for Coleman and Petch should be reduced to reflect the absence of intention to kill, but not on grounds of disparity, as the latter resulted from the co-defendant's manipulation of the system and not prosecutorial unfairness.

Source-derived case information.

Citation
[2007] EWCA Crim 2318
Parties
First Appellant: George Romero Coleman; Second Appellant: Thomas Petch; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
10 October 2007
Procedural Posture
Criminal Appeal / Appeal Against Minimum Term Orders Following Conviction for Murder
Outcome
Appeals allowed in part; minimum terms reduced.
Legal Topics
Sentencing, Murder, Disparity, Mitigating Factors
Criminal Law Sentencing Murder Disparity Mitigating Factors

Source-derived case record

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Parties

George Romero Coleman

First Appellant

Thomas Petch

Second Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Minimum Term Orders Following Conviction for Murder

Legal Issues

  1. 1 Whether disparity in sentencing between appellants and co-defendant justifies reduction of minimum terms
  2. 2 Whether absence of intention to kill should further mitigate minimum terms

Ratio Decidendi

The minimum terms for Coleman and Petch should be reduced to reflect the absence of intention to kill, but not on grounds of disparity, as the latter resulted from the co-defendant's manipulation of the system and not prosecutorial unfairness.

Court Disposition

Appeals allowed in part; minimum terms reduced.

Orders

  • Coleman's minimum term reduced from 14 years to 12 years, less 7 months and 13 days for time spent on remand.
  • Petch's minimum term reduced from 20 years to 18 years, less 217 days for time spent on remand.