Practice and Procedure

R v MARTICKA MARIA S (2006)

PUBLISHED October 24, 2006
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[2006] EWCA Crim 2669

Although it was not a breach of the European Convention on Human Rights 1950 Art.6 for an original trial judge to carry out, on appeal, the task of fixing a minimum term of imprisonment pursuant to the transitional provisions under the Criminal Justice Act 2003 Sch.22 , in the circumstances the term on which he decided and subsequently maintained had nonetheless failed to adequately reflect the relevant mitigating factors.

CA (Crim Div) (Lord Phillips of Worth Matravers, Pitchford J, Calvert-Smith J)

24/10/2006

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