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R v Neil Jones; R v Amandip Singh Chandi; R v Hardeep Singh Multani; R v Sukhjiwan Singh Khangura; R v Jaswinder Singh Dosanjh; R v Joseph Clifford Ashman; R v Mark Hobson [2005] EWCA Crim 3115

The scheme of the Criminal Justice Act 2003, Sched 21 was that the trial judge had first to determine the starting point and then consider whether it was appropriate to adjust the sentence upwards or downwards to take account of aggravating or mitigating factors. That approach was not possible in respect of a whole life order. A whole life order should be imposed where the seriousness of the offending was so exceptionally high that just punishment required the offender to be kept in prison for the rest of his life.

9 December 2005

The appellants (J, M and D) appealed against determinations of the minimum term in relation to mandatory life sentences imposed on them under the Criminal Justice Act 2003, s 269 following their convictions for murder and, in the cases of M and D, also grievous bodily harm with intent. The appellants (C and K) appealed against their sentences following their convictions for manslaughter, and the appellants (X and H) applied for leave to appeal against their sentences following their convictions for murder. J was 19 when he committed murder by using a firearm. He was sentenced to life imprisonment with a minimum term of 27 years. The judge found no particular aggravating features. X was 20 when he committed murder using a firearm. He was sentenced to life imprisonment with a minimum term of 25 years. The trial judge described the killing as a cold-blooded execution. M, D, C and K, who had been drinking, poured petrol into the victims' flat and set it alight. One of the victims died from...

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