Sanchez, R. v

When fixing the minimum term for a mandatory life sentence for murder, the court must select the applicable starting point in Schedule 21 to the Criminal Justice Act 2003 and give reasons for any departure. It cannot bypass that statutory framework.

The framework applies equally to a principal and a secondary party. A secondary party’s lesser culpability may justify a proportionately lower term, but participation by encouragement or assistance remains participation in murder and must be sentenced accordingly.

Sanchez and Russell were convicted of murder at St Albans Crown Court. The Crown case was that Sanchez assisted Russell by directing him to where the deceased could be found and encouraged the killing. Russell stabbed the deceased.

Sanchez sought leave to appeal against conviction on grounds concerning sufficiency of evidence, jury directions, CCTV evidence, the interruption of deliberations, and amendment of the indictment. The Attorney General referred her life sentence under section 36 of the Criminal Justice Act 1988, contending that its three-year minimum term was unduly lenient.

The central sentencing issue was whether the judge could decline to use the statutory starting point for a secondary party to murder.

1. Leave to appeal against conviction was refused. The cumulative circumstantial evidence gave rise to a strong case that Sanchez had assisted and encouraged Russell. Its circumstantial character did not weaken it. The judge sufficiently identified the alleged assistance and encouragement in the jury directions.
2. The directions on intoxication and CCTV evidence were adequate. The quality of the CCTV images was apparent to the jury. The six-day Easter interruption to deliberations was a matter of jury management which the judge handled reasonably, including by directing the jury on their return. The amendment to the indictment caused no prejudice because the Crown’s case had throughout been that Sanchez was an aider and abetter.
3. The Attorney General’s reference was allowed. Sections 269 and 270 of the Criminal Justice Act 2003 required the sentencing judge to select a Schedule 21 starting point and give reasons for any departure. The judge’s decision not to adopt a statutory starting point was therefore erroneous.
4. The Schedule 21 framework governed a mandatory life sentence whether the offender was the principal or a secondary party. The court followed the approach reviewed in R v Height & Anderson [2008] EWCA Crim 2500. Although Sanchez’s lesser role justified a lower term than Russell’s, her knowing participation in an ambush intended at least to cause serious injury meant that three years was wholly disproportionate.
5. The specified minimum term of three years, less time on remand, was quashed and replaced by 10 years, less time on remand. The court stressed that this unusually low term was fixed by reference to Russell’s unchallenged 14-year minimum term and was not guidance for other cases. Section 36(3A) of the Criminal Justice Act 1988 prevented any reduction for double jeopardy.

• Court of Appeal (Criminal Division): In [2008] EWCA Crim 2936, refused Sanchez leave to appeal against conviction and allowed the Attorney General’s sentencing reference. The court substituted a 10-year minimum term, less time on remand.
• Crown Court at St Albans: Sanchez was convicted of murder on 26 March 2008 and later sentenced to life imprisonment with a three-year minimum term, less time on remand.