"[The offender's] decision not only impacted the life that was stripped away, but the life I must now endure with the misery his actions have left me with … The guilt and shame I feel will never go away, the scar [the offender] left me with when he sliced open my forearm will never go away … Having to testify against [the offender] has been a heartbreaking and distressing process … I had to watch the shell of a child lie to police because [I] was afraid of what [the offender] would think of [me], or what he would do to [me] if [I] hadn't covered up the brutal slaying of [my] mother … [the offender] lied to me, bribed me, made me feel special in order to manipulate and abuse me for his own gain, leaving me ruined."
“The first thing to be observed is that it is implicit in the section that this court may only increase sentences which it concludes were unduly lenient. It cannot, we are confident, have been the intention of Parliament to subject defendants to the risk of having their sentences increased—with all the anxiety that this naturally gives rise to—merely because in the opinion of this court the sentence was less than this court would have imposed. A sentence is unduly lenient, we would hold, where it falls outside the range of sentences which the judge, applying his mind to all the relevant factors, could reasonably consider appropriate. In that connection regard must of course be had to reported cases, and in particular to the guidance given by this court from time to time in the so-called guideline cases. However it must always be remembered that sentencing is an art rather than a science; that the trial judge is particularly well placed to assess the weight to be given to various competing considerations; and that leniency is not in itself a vice. That mercy should season justice is a proposition as soundly based in law as it is in literature. The second thing to be observed about the section is that, even where it considers that the sentence was unduly lenient, this court has a discretion as to whether to exercise its powers…”
“We should further emphasise that Schedule 21 to theCriminal Justice Act 2003 does not affect any change in the practice of this Court when it is invited to consider an appeal against the judge's determination of the minimum term to be served by the defendant. The Court will examine the specified period. If, looked at overall, this Court takes the view that the end result fell within the appropriate range of sentence and the margin of judgment and discretion given to the sentencing judge, nice points, whether or not based on a mathematical calculation, about whether he allowed sufficiently for this, or that specific feature of the case, will not result in a successful appeal. In short, this Court will not interfere with the minimum term specified by the judge unless, in all the circumstances, it is manifestly excessive or wrong in principle.”
“6. Perhaps the most important general point to be made in respect of these cases is one that this Court made in both Sullivan and Peters. The guidance given by Sch.21 is provided to assist the judge to determine the appropriate sentence. The judge must have regard to the guidance, but each case will depend critically on its particular facts. If the judge concludes that it is appropriate to follow a course that does not appear to reflect the guidance, the judge should explain the reason for this. 7. The next point to make is that there are huge gaps between the starting points. The difference between fifteen and thirty years detention is enormous. The difference between thirty years and whole life may, depending on the age of the offender, be even greater. The three starting points provide a very broad framework for the sentencing exercise. They are so far apart that it will often be impossible to divorce the choice of starting point from the application of aggravating and mitigating factors. This is expressly recognised by paragraph 8 of Schedule 21. Where aggravating factors have led the judge to adopt the higher of two potential starting points, or mitigating facts have led him to adopt the lower, he must be careful not to apply those factors a second time when making to that starting point any adjustment that may be appropriate to reflect the other material facts. 8. The starting points give the judge guidance as to the range within which the appropriate sentence is likely to fall having regard to the more salient features of the offence … The starting points must not be used mechanistically so as to produce, in effect, three different categories of murder. Full regard must be had to the features of the individual case so that the sentence truly reflects the seriousness of the particular offence.”