Coleman & Anor v R

The minimum terms imposed did not sufficiently recognize the mitigating factor of absence of intention to kill; disparity caused by co-defendant's escape and plea deal does not justify reduction, but minimum terms should be reduced solely due to lack of intention to kill.

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, Disparity, Intention to Kill, Minimum Term, Murder Vs Manslaughter

Criminal Law Sentencing Disparity Intention to Kill Minimum Term Murder Vs Manslaughter

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 8 Party arguments 2 Amounts and remedies 6

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 Whether disparity in sentencing between appellants and co-defendant justifies reduction of minimum terms
2 Whether absence of intention to kill should mitigate minimum term for murder

Ratio Decidendi

Court Disposition

Appeals allowed in part; minimum terms reduced.

Orders

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