Minimum terms
High Court setting of minimum terms for mandatory life sentences under the Criminal Justice Act 2003
Case No: 2004/611/MTS
IN THE HIGH COURT OF JUSTICE
QUEENS BENCH DIVISION
Royal Courts of Justice
Strand, London, WC2A 2LL
Date: 27/03/2007
Neutral Citation Number:680
Before :
THE HONOURABLE MR JUSTICE PITCHERS
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Between :
REGINA
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ABBAS SHABIR ALI
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Approved Judgment
I direct that pursuant to CPR PD 39A para 6.1 no official shorthand note shall be taken of this Judgment and that copies of this version as handed down may be treated as authentic.
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Mr Justice Pitchers:
1. On 11 April 2003, the Defendant, then aged 20 years, was convicted of murder at the Crown Court at Bradford before His Honour Judge Robert Taylor who sentenced him custody for life.
2. After passing the sentence referred to above, but before the commencement of the Criminal Justice Act 2003, the trial judge made a report to the Home Secretary, in accordance with the practice then in operation, recommending the proper length of term that ought to be served for the purposes of retribution and general deterrence. He stated his view that the proper length of detention for these purposes was 12 years.
3. The Act came into force on 18 December 2003. By then, the Home Secretary had not notified the Defendant either of the minimum period which he thought he should serve before his release on licence or that he did not intend that he should ever be released on licence. Accordingly, the Home Secretary referred his case to the High Court under para. 6 of Schedule 22 to the Act for the making of an order under sections 269(2) or 269(4) of the Act.
4. The victim was a 13 year old schoolgirl who looked older than her chronological age. At the time of the offence she was visiting relatives who lived next door to the Defendant. She noticed the Defendant and walked past the shop where he worked several times in what she later said to was an attempt to attract his attention. Having heard the evidence, the judge was satisfied that she intended no more than an innocent flirtation. The Defendant left the shop, took her to a nearby alleyway and made a sexual attack on her which she resisted, leading to a struggle. In order to silence her, her strangled her with her own scarf and hit her at least twice with a very heavy stone. There were traces of his semen on her thighs. He made no attempt to get help for her and lied consistently about what had happened.
5. The aggravating factors in the case were
i) Her age, although the Defendant did not realise how young she was;
ii) Forcible sexual advances;
iii) A brutal attack;
iv) Killing to keep the victim silent;
v) No attempt to obtain assistance.
6. The mitigating factors were
i) The lack of pre-meditation;
ii) The Defendant’s age and good character;
iii) His mental limitations.
7. I have also read and considered a moving letter written on behalf of the family of the victim.
8. Were the minimum term to be set in accordance with Schedule 21 of the Act, the starting point would probably have been 15 years as a minimum term although the judge would have had to consider whether a 30 year starting point was appropriate.. The actual term would have been increased to take account of the aggravating features. However, the term specified now must not be longer than would have been specified at the time of the offence. I therefore specify a minimum term of 12 years. I must also give credit for the time served on remand prior to sentence: 8 months 18 days Accordingly, I order that the the early release provisions in sections 28(5) to (8) of the Crime (Sentences) Act 1997 apply to this Defendant as soon as he has served 11years 3 months 12 days.