Paragraphs 8 to 12
835.Once a starting point has been chosen, the court will then go on to consider factors that either increase or reduce the seriousness of the murder and make the necessary adjustments to arrive at the final minimum term. There is no restriction on the degree of adjustment that a court can make in consideration of aggravating or mitigating factors, as paragraph 8 explains. Although, therefore, there may be a few very exceptional cases in which starting points will be increased or decreased very substantially, it is expected that the vast majority of cases will tend to attract minimum terms that reflect the categorisation of cases set out in paragraphs 4 to 7.
836.Paragraph 8 makes it clear that aggravating or mitigating factors cannot be double counted. If a murder, for example, fell within paragraph 5(2) because it was the murder of a police officer, the minimum term could not be increased beyond the starting point of 30 years on the basis that the case was aggravated by facts falling within paragraph 10 (f).
837.The list of factors that are to be regarded as aggravating set out at paragraph 10 is non-exhaustive and is provided by way of example. These examples are additional to those set out at paragraphs 4(2) and 5(2) so that any factor that does not determine the relevant starting point can be taken account under paragraph 8. Planning and premeditation requires inclusion at 10(a) because a court will want to take into account premeditation and planning of any degree and reliance on the reference at paragraph 4(2)(a)(i) would only include facts that amounted to a substantial degree of premeditation or planning. Other matters are included in paragraph 10, for example paragraphs (c) and (f), because they embrace but have a greater scope than facts that would fall within paragraphs 4(2) and 5(2). Paragraph 10 (g) covers circumstances in which the court is satisfied that, in those rare cases of convictions for murder in the absence of a body, the offender is adding to the grief of a victim’s family by deliberately preventing the recovery of the body.
838.Paragraph 11 sets out a number of factors that may be taken account of by the sentencing court as mitigating factors. Once again this list is not exhaustive and provides examples only. The list covers most of the mitigating factors that are likely to arise in cases of murder and is largely self-explanatory. As regards paragraph 11(a), it may not be commonly appreciated that the offence of murder does not require an intention to kill. In the case of offenders who are considerably younger than 18, paragraph 11(g) may have a very significant effect on the final determination of the minimum term.
839.Paragraph 12 makes it clear that nothing in these principles affects the general provisions in the Act on the effect of previous convictions, offending while on bail and pleas of guilty.
