Minimum terms
High Court setting of minimum terms for mandatory life sentences under the Criminal Justice Act 2003
Case No: MTS / 166 / 2004
Neutral Citation Number: [2006] EWHC 1124 (QB)
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
Royal Courts of Justice
Strand, London, WC2A 2LL
24TH MAY 2006
Before:
MR JUSTICE CRESSWELL
Between:
Regina
V
JASON ADAMS
JUDGMENT
1. I have considered this case under Schedule 22 of the Criminal Justice Act 2003. The provisions of section 28 (5) to (8) of the Crime (Sentences) Act 1997 (the release provisions) are to apply to Jason Adams as soon as he has served 14 years. The term of 14 years should be reduced to take into account the period of 9 months, 5 days spent in custody on remand. The reasons for my determination are set out in this judgment.
2. The description of the offence and the circumstances in which it was committed were summarised by the trial judge as follows: -
“The defendant and the deceased, Christine Boswell, who was aged 36 had lived together (off and on) since late 1999. It was a turbulent relationship made worse by the fact that both were addicted to a variety of hard drugs. The defendant frequently used physical violence towards Miss Boswell and police were called to their address 33 times between December 1999 and January 2001. At the time of her death, he was on bail for an assault upon her.
In the early hours of 10 April 2001 a violent argument broke out between them in the bathroom of their flat. She stabbed the defendant twice in the stomach with a large knife. He took the knife from her and stabbed her twice in the back. One wound penetrated her heart and she died very soon after.”
3. The trial judge summarised the aggravating and mitigating factors as follows: -
“This defendant is an extremely violent man. There was evidence of regular assaults on the deceased and other evidence (which was not before the jury) of irrational rage and violence directed at persons in authority such as police and hospital staff. The defendant is also given to attempts to harm himself.
He has previous convictions but these are not relevant to the present offence.
The aggravating factors are his history of violence against the deceased and others and the fact that he was on bail at the time of the killing.
The mitigating factors are his disturbed family background (his mother is dead, his father is an alcoholic, one brother committed suicide and another is in a mental institution) and the likelihood that he was stabbed by the deceased before his savage retaliation. There were no independent eye witnesses and so one cannot be sure of the exact circumstances of the struggle.”
4. A term set under section 269 (2) of the 2003 Act must not be greater than that which under pre December 2002 practice the SSHD would have been likely to set.
5. In setting the appropriate term I must take into account the seriousness of the offence. In considering the seriousness of the offence I must have regard to the general principles in schedule 21 (principles to be applied to offenders sentenced after 18.12.03) and the recommendations as to minimum term made by the trial judge (14 years) and by the Lord Chief Justice (14 years).
6. Where the murder was committed before 31 May 2002 the best guide to the pre December 2002 practice is found in Bingham C J’s letter of 10.2.97 (set out at paragraphs IV.49.18-21 of the Practice Direction issued 29.7.04).
7. I take as the starting point 14 years. I have regard to the aggravating and mitigating factors in determining the minimum term. In particular (but without limitation) as to the mitigating factors I have had regard to the submissions made by Mr S Leslie QC to the trial judge on 25.1.02 and to the representations on behalf of Jason Adams dated 8.6.04.