Blue, R v [2008] EWCA Crim 769 (3 April 2008)

Blue, R v [2008] EWCA Crim 769 (3 April 2008)

The judge was entitled to find a racial element in the offence based on the evidence and to fix the minimum term at 17 years, which was not manifestly excessive given the aggravating and mitigating circumstances.

Citation
[2008] EWCA Crim 769
Parties
Respondent: Regina; Appellant: Thomas Blue
Jurisdiction
England and Wales
Judgment Date
03 April 2008
Procedural Posture
Criminal Appeal / Appeal Against Minimum Term Determination
Outcome
appeal dismissed
Legal Topics
Murder, Sentencing, Racial Aggravation, Minimum Term Determination
Criminal Law Murder Sentencing Racial Aggravation Minimum Term Determination

Case Brief

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Parties

Regina

Respondent

Thomas Blue

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Minimum Term Determination

Legal Issues

  1. 1 Was the judge entitled to find a racial element in the offence?
  2. 2 Was the minimum term excessive given the mitigating factors?

Ratio Decidendi

The judge was entitled to find a racial element in the offence based on the evidence and to fix the minimum term at 17 years, which was not manifestly excessive given the aggravating and mitigating circumstances.

Court Disposition

appeal dismissed

Orders

  • minimum term of 17 years upheld
  • life imprisonment confirmed