X, R v

X, R v

The minimum term for the applicant's mandatory life sentence is 17 years, reflecting the seriousness of the offence aggravated by use of a firearm and involvement of children, with no reduction for prior assistance to police. The period of remand in custody (12 months and 4 days) is to be deducted from the minimum...

Source-derived case information.

Parties
Prosecution: Regina; Applicant: XY
Jurisdiction
England and Wales
Judgment Date
17 February 2005
Procedural Posture
Criminal / Application for Determination of Minimum Term Under Schedule 22 Criminal Justice Act 2003
Outcome
application dismissed; minimum term confirmed
Legal Topics
Mandatory Life Sentences, Minimum Term Determination, Murder, Sentencing Guidelines
Criminal Law Mandatory Life Sentences Minimum Term Determination Murder Sentencing Guidelines

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Regina

Prosecution

XY

Applicant

Procedural Posture

Criminal / Application for Determination of Minimum Term Under Schedule 22 Criminal Justice Act 2003

Legal Issues

  1. 1 What is the appropriate minimum term to be served by the applicant before eligibility for early release under Schedule 22 of the Criminal Justice Act 2003?
  2. 2 Should the applicant's assistance to law enforcement prior to conviction affect the minimum term?
  3. 3 What aggravating and mitigating factors are relevant to the minimum term determination?

Ratio Decidendi

The minimum term for the applicant's mandatory life sentence is 17 years, reflecting the seriousness of the offence aggravated by use of a firearm and involvement of children, with no reduction for prior assistance to police. The period of remand in custody (12 months and 4 days) is to be deducted from the minimum term.

Court Disposition

application dismissed; minimum term confirmed

Orders

  • Minimum term set at 17 years less period of remand in custody (12 months and 4 days), resulting in 16 years less 4 days before early release provisions apply.