B, R v

When fixing a minimum term for murder, the court must give full effect to the aggravating features of the killing and any associated offences. A starting point under Criminal Justice Act 2003, Schedule 21 does not prevent the case from being one of particularly high seriousness, even where none of the listed paragraph 5 features is present.

An intentional, sustained and premeditated killing of a sleeping and vulnerable child, committed by a person in a position of trust and followed by attempted murder and wounding within the same family, may require a substantially increased minimum term. The absence of genuine mitigation is material.

The Attorney General applied under section 36 of the Criminal Justice Act 1988 to refer as unduly lenient the minimum term imposed on Carl Wayne B at Swansea Crown Court.

The offender had been convicted of murdering his 15-year-old stepson, wounding his 18-year-old stepdaughter with intent, and attempting to murder his wife. He received life imprisonment for murder with a minimum term of 16 years, together with concurrent seven-year sentences for the other offences.

The fatal attack was a prolonged and deliberate stabbing of the sleeping child. It occurred against a background of coercive and jealous control. The central issue was whether the minimum term adequately reflected the extreme aggravating features of the murder and the associated violent offences.

1. The Attorney General’s reference was allowed. The court granted leave under section 36 of the Criminal Justice Act 1988 and held that the 16-year minimum term was unduly lenient. It increased the minimum term for murder to 25 years.

2. The sentencing judge was entitled to use paragraph 6 of Schedule 21 to the Criminal Justice Act 2003 as the starting point. The decisive question, however, was whether the selected minimum term sufficiently reflected the aggravating features. It did not.

3. The murder was deliberate, sustained and remorseless. The victim was a 15-year-old child who was asleep and especially vulnerable. The offender was in a position of trust, acted after collecting weapons, intended to kill, and used extreme and repeated violence.

4. The killing was also materially aggravated by the associated offences. Immediately afterwards, the offender attempted to murder his wife and wounded his stepdaughter with intent when she intervened. The offences occurred in the setting of the offender’s prolonged abusive and controlling behaviour towards the household.

5. There was no true mitigation. Although the case did not display the features expressly identified in paragraph 5 of Schedule 21, the murder and associated offences were of particularly high seriousness. The court cautioned against compartmentalising the seriousness of such connected offending.

• Court of Appeal (Criminal Division): On an Attorney General’s reference under section 36 of the Criminal Justice Act 1988, the court held that the 16-year minimum term was unduly lenient and increased it to 25 years: [2009] EWCA Crim 2701.
• Crown Court at Swansea: The offender was convicted of murder, attempted murder and wounding with intent. He received life imprisonment for murder with a 16-year minimum term and concurrent seven-year sentences for the other offences.