Essilfie, R v

When fixing a minimum term for murder under Criminal Justice Act 2003, section 269, the court must evaluate the particular aggravating and mitigating circumstances, including the timing and weight of a guilty plea. Comparative sentencing decisions may assist, but each case turns on its own facts. A minimum term is excessive where the overall balance of culpability, mitigation and proper credit for the plea does not justify it.

The appellant pleaded guilty at the Central Criminal Court to murdering his six-month-old daughter. He received the mandatory life sentence and a 15-year minimum term under section 269 of the Criminal Justice Act 2003.

He appealed the minimum term with leave of the single judge. The central issue was whether, having regard to the aggravating features, mitigation, late guilty plea and comparable sentencing decisions, the specified term was manifestly excessive.

1. Appeal allowed. The 15-year minimum term was too long. The appropriate minimum term under section 269 of the Criminal Justice Act 2003 was 13 years, with the 345 days spent on remand continuing to count towards it.

2. The sentencing judge was entitled to adopt a 15-year starting point. The Court of Appeal nevertheless had to consider the full balance of aggravating and mitigating circumstances, together with the guilty plea, in deciding whether the final specified term was appropriate.

3. The plea was entered only when the trial was due to begin. Although the sentencing judge had given full credit for it, the court considered that approach generous. It nevertheless took the plea into account in its own assessment.

4. The court treated R v Crowston [2006] 1 Cr.App.R (S) as involving greater criminality and culpability, including a sustained attack on a child in the care of a stranger. It also agreed that Kabir [2004] EWCA Crim. 2751 was more serious. Those comparisons reinforced the conclusion that the 15-year term imposed here was disproportionate to the overall circumstances.

• Court of Appeal (Criminal Division): Allowed the appeal against the specified minimum term and substituted a term of 13 years.
• Central Criminal Court: Following a guilty plea to murder, imposed life imprisonment with a 15-year minimum term under section 269 of the Criminal Justice Act 2003.