CRIMINAL DIVISION
Strand London WC2A 2LL |
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B e f o r e :
MRS JUSTICE CUTTS DBE
HIS HONOUR JUDGE PICTON
(Sitting as a Judge of the CACD)
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REGINA | ||
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MARK STEPHEN LALLY |
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Lower Ground, 18-22 Furnival Street, London EC4A 1JS
Tel No: 020 7404 1400; Email: rcj@epiqglobal.co.uk
(Official Shorthand Writers to the Court)
MR M WALSH appeared on behalf of the Crown.
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Crown Copyright ©
LADY JUSTICE SIMLER:
Introduction
The facts
The Conviction Appeal
Rather she might seek clarification from others where necessary in order to come to her own view.
The Sentence
"You may have been one man in the pub, and in social circumstances, and at work, but, on occasions, a very different man, as we saw from the footage, in your own home."
The judge did not accept that this was an attack engendered by significant provocation.
The appeal against sentence
Discussion
"... it is clear that as a matter of principle the discretionary life sentence under section 225 [of the Criminal Justice Act 2003] should continue to be reserved for offences of the utmost gravity. Without being prescriptive, we suggest that the sentence should come into contemplation when the judgment of the court is that the seriousness is such that the life sentence would have what Lord Bingham observed in Lichniak [2003] 1 AC 903, would be a 'denunciatory' value, reflective of public abhorrence of the offence, and where, because of its seriousness, the notional determinate sentence would be very long, measured in very many years."
"i) The seriousness of the offence itself, on its own or with other offences associated with it in accordance with the provisions of s.143(1). This is always a matter for the judgment of the court.
ii) The defendant's previous convictions (in accordance with s.143(2)).
iii) The level of danger to the public posed by the defendant and whether there is a reliable estimate of the length of time he will remain a danger.
iv) The available alternative sentences."