Practice and Procedure

R v (1) RYAN HERBERT (2) HARRIS (3) JOSEPH HULME (4) DANNY HULME (5) DANIEL MALLETT (2008)

PUBLISHED October 29, 2008
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[2008] EWCA Crim 2501

The assessment of the seriousness of an offence involved a broad judgment of overall criminality and even a definitive sentencing guideline was not to be approached as if each offence could be put into a fixed and inflexible compartment. The recommended starting point for setting the notional determinate sentence for the gravest cases where a defendant was under 18 was 13 years, with a sentencing range of 10 to 16 years. In the instant case, a minimum term of 16 years and three months was reduced by nine months to reflect an element of remorse.

CA (Crim Div) (Lord Chief Justice, Owen J, Christopher Clarke J)

29/10/2008

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