Alker, R v

When fixing the minimum term for an existing life prisoner, the court must assess the requirements of retribution and deterrence under the Criminal Justice Act 2003, while having regard to the statutory provisions, the trial judge’s recommendation and the sentencing practice applicable before the relevant statutory changes. Significant aggravating features may include concealment of a killing, dismemberment and disposal of the body, and prolonged lies. A guilty plea, assistance in recovering the body and relevant personality traits may mitigate the sentence, but their weight depends on the circumstances and timing.

The defendant pleaded guilty to murder and perverting the course of public justice. He had killed the deceased, concealed the death for several years, dismembered and moved the body, and persistently maintained that the deceased was alive. The trial judge recommended a tariff of 12 years. As an existing prisoner who had not received a minimum-term notification before the relevant provisions came into force, the defendant’s case was determined under Schedule 22 of the Criminal Justice Act 2003.

The issue was the minimum period required for retribution and deterrence, taking account of the statutory framework, the trial judge’s recommendation, aggravating and mitigating circumstances, and the sentencing practice applicable before December 2002.

1. The court fixed the minimum term at 12 years, less 10 months spent on remand.
2. Under Schedule 22 of the Criminal Justice Act 2003, the court had to determine the period of imprisonment required to meet the requirements of retribution and deterrence for an existing prisoner who had not previously been notified of a minimum term.
3. In determining seriousness, the court had regard to section 269(5), the trial judge’s recommendation and the general principles in Schedule 21. Because the murder occurred before 31 May 2002, the best guide to the relevant practice was the indication contained in Lord Bingham CJ’s letter of 10 February 1997, under which 14 years was the starting point for an average, unexceptional offence.
4. The concealment of the death, dismemberment and disposal of the body, and prolonged lies about what had happened were significant aggravating features. Personality traits described in the psychiatric and psychological reports, the eventual account of the death, assistance in recovering the body and the guilty plea were mitigating factors.
5. The mitigation was limited by the fact that the defendant’s cooperation and plea followed the availability of new DNA evidence. Taking all matters together, the trial judge’s recommendation of 12 years properly reflected the mitigating factors and was no greater than the term likely to have been set under the pre-December 2002 practice.