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23/06/2006
Murderers could have sentences increased on appeal
Murderers who appeal against imposed sentence tariffs, run the risk of having their jail terms increased, the Lord Chief Justice has warned today.
Sir Brian Kerr was delivering judgement on an appeal by Andrew Robinson, who was given a minimum sentence of 20-years for murdering his fiance at Christmas 2000.
The application was rejected.
Robinson, was sentenced after murdering his fiance Julie-Ann Osbourne, by stabbing her 50-times and then impaling her on the floorboards of their home at Shankill Terrace in Belfast.
It is understood that Robinson, 27, killed his 22-year-old fiancée because she threatened to leave him and take their daughter with her.
During today's hearing in the court of appeal, the Lord Chief Justice said that he had carefully considered whether the term should actually be increased and added that he felt that a minimum 20-year sentence was fully justified because of a number of aggravating factors.
Sir Brian Kerr referred to sentencing guidelines which, he said, permitted an upward adjustment, even to the level of 30 years.
After lengthy deliberation with Lord Justices Campbell and Sheil as to whether to increase the sentence, he said: "We have given very careful consideration to whether the minimum period in this case should be increased.
"Having considered the question anxiously, however, we have decided that this course should not be followed in this instance."
He added: "We should make it clear, however, that the possibility of an increase in the minimum period on an application for leave to appeal against a tariff is a real one and should be carefully considered by applicants and their legal representatives in future cases."
(EF/SP)
Sir Brian Kerr was delivering judgement on an appeal by Andrew Robinson, who was given a minimum sentence of 20-years for murdering his fiance at Christmas 2000.
The application was rejected.
Robinson, was sentenced after murdering his fiance Julie-Ann Osbourne, by stabbing her 50-times and then impaling her on the floorboards of their home at Shankill Terrace in Belfast.
It is understood that Robinson, 27, killed his 22-year-old fiancée because she threatened to leave him and take their daughter with her.
During today's hearing in the court of appeal, the Lord Chief Justice said that he had carefully considered whether the term should actually be increased and added that he felt that a minimum 20-year sentence was fully justified because of a number of aggravating factors.
Sir Brian Kerr referred to sentencing guidelines which, he said, permitted an upward adjustment, even to the level of 30 years.
After lengthy deliberation with Lord Justices Campbell and Sheil as to whether to increase the sentence, he said: "We have given very careful consideration to whether the minimum period in this case should be increased.
"Having considered the question anxiously, however, we have decided that this course should not be followed in this instance."
He added: "We should make it clear, however, that the possibility of an increase in the minimum period on an application for leave to appeal against a tariff is a real one and should be carefully considered by applicants and their legal representatives in future cases."
(EF/SP)
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