Court of Appeal Criminal Division

Published May 31, 2007

Regina v McNee

Regina v Russell

Regina v X

Although when imprisoning a defendant to a discretionary life sentence, the sentencing judge was not obliged to have regard to the minimum tariffs for mandatory life sentences set our in Schedule 21 to the Criminal Justice Act 2003, it was not wrong to do so.

The Court of Appeal, Criminal Division (Sir Igor Judge, President, Mr Justice Goldring and Mrs Justice Swift) so held on May 3, 2007 when dismissing appeals by Michael McNee, John Paul Russell and a third appellant, X, against sentences of life imprisonment imposed by Mr Justice Treacy on June 30, 2006 at Birmingham Crown Court on their conviction of conspiracy to murder. The recommended minimum term in each case was 25, 30 and 35 years respectively.

THE PRESIDENT, giving the judgment of the court, said that although life sentences were not mandatory for an offence of conspiracy to murder there was ample material to justify the imposition of such a sentence in this case, not only because of the gravity of the offence but also because these three appellants represented a continued risk for the future.

Their Lordships did not agree with the argument advanced on behalf of the appellants that the judge was wrong, when considering the minimum term to recommend, to have regard to Schedule 21 to the Criminal Justice Act 2003.

The judge was not obliged to have regard to that schedule, which applied to mandatory life sentences, but their Lordships fully endorsed his decision to do so.

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