Blue, R v

Blue, R v

The judge was entitled to find, on the evidence, that a racial element was present and to increase the minimum term accordingly. The minimum term of 17 years was not manifestly excessive, and the judge's discretion was properly exercised within the statutory framework.

Parties
Prosecution: Regina; Appellant: Thomas Blue
Jurisdiction
England and Wales
Judgment Date
03 April 2008
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Minimum Term for Murder Conviction
Outcome
appeal dismissed
Legal Topics
Murder, Sentencing, Racial Aggravation, Minimum Term, Appeal
Criminal Law Murder Sentencing Racial Aggravation Minimum Term Appeal

Case Brief

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Parties

Regina

Prosecution

Thomas Blue

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Minimum Term for Murder Conviction

Legal Issues

  1. 1 Whether the sentencing judge was entitled to find a racial element in the offence and increase the minimum term
  2. 2 Whether the minimum term of 17 years was manifestly excessive
  3. 3 Whether the judge failed to consider relevant mitigating factors

Ratio Decidendi

The judge was entitled to find, on the evidence, that a racial element was present and to increase the minimum term accordingly. The minimum term of 17 years was not manifestly excessive, and the judge's discretion was properly exercised within the statutory framework.

Court Disposition

appeal dismissed

Orders

  • The appeal against the minimum term is dismissed.