Report on Mandatory Sentences - Law Reform Commission

point” of 12 years, through the “higher starting point” of 15 to 16 years, up to 30 years. 35 It also sets out
the factors which tend to aggravate or mitigate the duration of the minimum term. 36
3.19 For the purpose of illustration, it is worth referring to a number of recent sentencing decisions in
Northern Ireland. In R v Howell, 37 Hart J ordered the defendant to serve a minimum term of 21 years in
prison for the double murder of the defendant’s wife and the husband of Hazel Stewart, the defendant’s
co-accused (see R v Stewart, below). Hart J indicated that the defendant had committed a “cold-blooded,
carefully planned and ruthlessly executed double-murder” of two people he saw as standing in the way of
his “desire” to be with his co-accused, with whom he was involved at that time in an intimate
relationship. 38 Hart J indicated, however, that the defendant’s sentence had been reduced by 7 years
from 28 years because he had confessed to the murders and had agreed to give evidence against his coaccused.
3.20 In R v Stewart, 39 Hart J ordered the defendant, who had been sentenced to life imprisonment for
the same double-murder dealt with in R v Howell (above), to serve a minimum term of 18 years. He
indicated that the defendant was entitled to some reduction in sentence to reflect the fact that her coaccused,
the defendant in R v Howell, had masterminded the plot and carried out the killings after
persuading her to take part. He noted, however, that Howell had admitted his role, confessed and given
evidence against Stewart during her trial. He indicated that Stewart’s plea of not guilty was relevant, as
were her repeated attempts to hide from responsibility. He also indicated that Stewart had expressed
little remorse for what she had done.
3.21 In R v Walsh, 40 a life sentence was imposed on the defendant for the murder of her elderly
neighbour, Maire Rankin, in 2008. 41 Hart J ordered the defendant to serve a minimum term of 20 years in
prison, highlighting the sexual maltreatment and degradation of Mrs Rankin’s body after the killing as
aggravating factors which would require the court to increase the minimum term to a figure substantially
above (the “higher starting point” of) 15 or 16 years.
(2) England and Wales
3.22 As discussed in Chapter 2, section 1(1) of the Murder (Abolition of the Death Penalty) Act 1965
provides for a mandatory life sentence for murder. The 2002 Practice Statement (Crime: Life Sentences)
discussed in the Northern Ireland decision R v Candless 42 (see paragraph 3.18) has been replaced by
section 269 of the English Criminal Justice Act 2003. This provides that where a court imposes a life
sentence, it must make an order regarding the minimum term to be served by the offender before he or
she may be considered for release by the Parole Board. 43 Where the court is of the opinion that, because
of the seriousness of the offence, no such order should be made, it must order that the early release
provisions are not to apply to the offender. 44
3.23 As to how to calculate a minimum term, Schedule 21 of the Criminal Justice Act 2003 sets out the
starting points and the circumstances which dictate which starting point applies. Thus, if the court
35
36
37
38
39
40
41
42
43
44
Paragraphs 10 to 19 of the Practice Statement (Crime: Life Sentences) [2002] 3 All ER 412 at 413-415; [2002]
1 WLR 1789 at 1790-1792.
Paragraphs 13 to 19 of the Practice Statement (Crime: Life Sentences) [2002] 3 All ER 412 at 413-415; [2002]
1 WLR 1789 at 1790-1792.
R v Howell [2010] NICC 48.
R v Howell [2010] NICC 48 at para. 15.
R v Stewart [2011] NICC 10.
R v Walsh Belfast Crown Court, 28 October 2011.
Moriarty “Woman Gets 20 Years for Murdering Neighbour” Irish Times 29 October 2011.
R v Candless [2004] NI 269 at 274-275.
Section 269(1) and (2) of the Criminal Justice Act 2003.
Section 269(4) of the Criminal Justice Act 2003.
109