or click here to request site subscription to search and view all judgments
Court of Appeal dismisses appeal against the severity of sentence and upholds decision of the Central Criminal Court to impose a sentence of life imprisonment with a review after ten years for a minor who pleaded guilty to murder, on the grounds that: (a) the sentencing judge was entitled to find that the bringing of the knife to the scene was a significant aggravating factor on the evidence before him, which meant that this was offending of such seriousness that it had to be met with a significant custodial sentence; (b) significant credit was given to the appellant for the manner in which he met the case from the outset; (c) the sentencing judge took into sufficient account each of these relevant mitigating factors; and (d) the sentence imposed did not fall outside the available range of sentences.
Woulfe J (nem diss): Appeal of severity of sentence - criminal law - sentencing of minors - appellant had been sentenced to life imprisonment with a review after 10 years after pleading guilty to murder - the appellant is a minor - the plea was entered by the appellant at an early stage of the proceedings, without the taking of a trial date and in advance of any disclosure being sought - the appellant had killed his friend following a dispute - there was an altercation and the appellant stabbed the deceased - the appellant was 16 years of age at the time of the murder - whether the sentencing judge gave excessive weight to the aggravating factors in the case - whether the trial judge failed to have regard to a number of mitigating factors or gave inadequate weight to certain other mitigating factors - appeal dismissed.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.