R v Gill; R v Eccles; R v Abu-Neigh (formerly Wallace)
| Jurisdiction | England & Wales |
| Judgment Date | 01 December 2011 |
| Date | 01 December 2011 |
| Court | Court of Appeal (Criminal Division) |
Court of Appeal, Criminal Division
Before Lord Chief Justice, Lord Judge, Mr Justice Henriques and Mr Justice Irwin
On an appeal by a prisoner sentenced to a mandatory sentence of life imprisonment with the minimum term to be determined pursuant to the provisions relating to transitional cases, contained in Schedule 22 to the Criminal Justice Act 2003, a reduction in the length of the minimum term could take acc ount of exceptional progress made by the prisoner. Possible reductions for exceptional progress in prison did not, however, form part of any appeal process for sentences imposed after December 18, 2003.
The Court of Appeal, Criminal Division, so held when allowing an appeal by Nimal Singh Gill against a specified minimum term of 15 years, imposed by Mr Justice Forbes on January 26, 2007, on the referral of his case to the High Court pursuant to section 276 and paragraph 6 of Schedule 22 to the 200 3 Act, the appellant having been convicted of murder on January 9, 2003, at Wolverhampton Crown Court and sentenced to life imprisonment. The minimum term was reduced to 14 years.
The Court of Appeal, Criminal Division, also dismissed appeals by: (1) Richard James Eccles against a minimum specified term of 12 years' imprisonment, imposed by Mr Justice Langstaff on March 23, 2007, on the referral of his case to the High Court pursuant to section 276 and paragraph 6 of Schedul e 22, the appellant having been convicted of murder on September 27, 2002, at the Central Criminal Court and sentenced to life imprisonment; and (2) Dawud Abu-Neigh (formerly Richard Wallace) against a minimum specified term of 17 years' imprisonment, imposed by Mr Justice Beatson on March 25, 2009 , on the referral of his case to the High Court pursuant to section 276 and paragraph 3 of Schedule 22, the appellant having been convicted of murder on July 1, 1998, at the Central Criminal Court and sentenced to life imprisonment.
Mr Paul Taylor (assigned by the Registrar of Criminal Appeals) for Gill and Eccles; Mr Stephen Field (assigned by the Registrar of Criminal Appeals) for Abu-Neigh; Mr Iain Wicks for the Crown.
THE LORD CHIEF JUSTICE said, in the reserved judgment of the court, that each of the three appellants was seeking a reduction in the minimum term on the single ground that after serving several years of their sentences they had made...
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