Taylor, R v

When fixing the minimum term for murder, a sentencing judge may increase the applicable starting point to reflect aggravating features which are properly assessed as more than minimal. The use of a belt to strangle the victim, indicating some premeditation, and a failure to obtain police or medical assistance afterwards were capable of justifying an uplift.

A full discount for a guilty plea may reduce the resulting term. An appellate court will not interfere merely because the precise arithmetic of the uplift was not stated, where the sentencing remarks show that the adjustment was appropriate and the final term reflects the available plea credit.

The appellant pleaded guilty at Newcastle Crown Court to the murder of his former partner, whom he had strangled with a belt after an argument concerning their separation. He was sentenced to life imprisonment with a recommended minimum term of 15 years, less 94 days spent on remand.

The judge treated the use of the belt, indicating some premeditation, and the appellant’s failure to seek help afterwards as aggravating. He increased a 15-year starting point but allowed the maximum one-sixth credit for the guilty plea, producing a 15-year term. The appellant appealed, contending that the term was manifestly excessive because excessive weight had been given to the aggravating features.

1. Appeal dismissed. The Court of Appeal held that the recommended minimum term of 15 years was not manifestly excessive.
2. The sentencing judge had in substance increased the 15-year starting point to 18 years to reflect the aggravating features, before allowing the maximum one-sixth reduction for the guilty plea. It was unnecessary that the judge had not expressly identified that intermediate figure, since it was clear from the sentencing remarks.
3. The aggravating features were not minimal. Strangulation with a belt was capable of indicating some premeditation. The appellant’s refusal to obtain police or medical assistance after the killing also properly bore upon sentence.
4. An uplift of three years for those features was entirely appropriate. The judge was entitled to reject the submission that they were minimal, and the maximum credit for the early guilty plea properly brought the minimum term back to 15 years.

• Court of Appeal (Criminal Division): Appeal against sentence dismissed: [2008] EWCA Crim 838.
• Newcastle Crown Court: The appellant pleaded guilty to murder and received life imprisonment with a recommended minimum term of 15 years, less 94 days on remand.