Minimum terms
High Court setting of minimum terms for mandatory life sentences under the Criminal Justice Act 2003
IN THE HIGH COURT OF JUSTICE 2004/272/MTR
QUEEN'S BENCH DIVISION
Royal Courts of Justice
Strand, London, WC2A 2LL
7th July 2005
Before :
MR JUSTICE FORBES
Between :
Regina
V
DAVID ARTHUR ASHWORTH
Judgment
As Approved by the Court
DECISION:
At the time you committed this offence of murder you were on bail, charged with an earlier offence of assault occasioning actual bodily harm upon the same victim, your partner and the mother of your child. You had a previous record of serious violence, i.e. a conviction for robbery in 1985 for which you had been sentenced to 5 years’ imprisonment. You showed no remorse for what you had done and you disguised your appearance to avoid being caught whilst you were on the run.
In my view, applying the general principles in Schedule 21 of the Act, this offence of murder would now attract a starting point of 15 years which would be adjusted upwards to 18 years to take account of the aggravating factors of your previously violent behaviour towards the victim and your complete lack of remorse. There were no relevant mitigating circumstances. The period spent by you in custody on remand was 1 year and 5 days, which would reduce a finite sentence of 18 years to one of 16 years 360 days.
I take into account your remorse and the significant progress you have made whilst in prison. In all the circumstances, I am satisfied that the appropriate minimum term is 15 years