R v Liam Taylor

When fixing a murder minimum term, the sentencing judge must apply the general principles in Schedule 21 and relevant compatible sentencing guidelines. A 30-year starting point may be available where seriousness is particularly high, even if no listed category applies, but the statutory threshold is high and an outside case must be of commensurate seriousness. Serious aggravating features may justify a substantial increase from the 15-year starting point even where the case falls just below that threshold. For sexual or sadistic conduct, the evidence must satisfy the relevant legal criteria. The appeal was allowed because the appropriate starting point was 15 years, increased to 28 years before the guilty-plea reduction.

The appellant pleaded guilty to murdering his pregnant partner in the Central Criminal Court. He was sentenced to life imprisonment with a minimum term of 27 years, subject to credit for time spent on remand. He appealed against sentence.

The appeal concerned the judge’s findings about intention to kill the foetus, planning, the classification of the murder as involving sexual or sadistic conduct, the application of the particularly high seriousness threshold in Schedule 21, and remorse. The central issue was whether the combination of aggravating features justified a 30-year starting point or a substantial increase from the ordinary 15-year starting point.

Disposition. The appeal was allowed. The sentence was quashed and replaced by life imprisonment with a minimum term of 24 years and 118 days.

1. Statutory framework. Under sections 322(2) and (3) of the Sentencing Act 2020, the judge had to have regard to Schedule 21 and relevant sentencing guidelines which were not incompatible with it. A pre-sentence report was not necessary. The selection of the starting point and identification of aggravating and mitigating features were matters for the sentencing judge, who was not bound by the parties’ submissions. The court followed the approach in R v Brooks [2023] EWCA Crim 544.
2. Particularly high seriousness. Paragraph 3 permits a 30-year starting point where seriousness is particularly high, even if none of the specified categories applies. The listed categories indicate a high statutory threshold. A case outside them must nevertheless be of commensurate seriousness. Paragraph 8 permits aggravating features to increase a 15-year starting point to any length.
3. Sexual or sadistic conduct. Applying the test in R v Bonellie [2008] EWCA Crim 1417, there was insufficient evidence of enhanced pleasure in inflicting pain. The facts were materially different from R v Khan [2021] EWCA Crim 428. Nor was the death sexual in nature or accompanied by sexual activity increasing the ordeal, as considered in R v Walker [2007] EWCA Crim 2631.
4. Application. The judge was entitled to find significant planning, extreme domestic abuse, substantial pain and suffering, weapon use, deliberate termination of the pregnancy, and absence of remorse. He was also entitled to infer an intention to kill the foetus. However, the case fell just below paragraph 3’s threshold. The proper starting point was therefore 15 years, increased to 28 years for aggravation, reduced by 10 per cent for the guilty plea and then adjusted for 248 days on remand.

1. Court of Appeal (Criminal Division): On 18 September 2024, allowed the appeal, quashed the sentence and substituted life imprisonment with a minimum term of 24 years and 118 days.
2. Central Criminal Court: On 24 August 2023, imposed life imprisonment with a minimum term of 27 years, less 247 days on remand. The remand credit was subsequently corrected under the slip rule to 248 days.