- R V SMITH [2017] EWCA Crim 1174

In 2016, the defendant mother was convicted of

murder and cruelty to her child (who died in May 2014).
The defendant was sentenced to life imprisonment, with
a minimum term of 24 years. She appealed against
conviction and sentence.

In respect of conviction, the judge had made comments

favourable to the defendant and her case. In sentencing
in such cases where the parent had been young and, as
in the present case, young in terms of immaturity,
ordinarily, in the absence of unusual aggravating features
accompanied by a lack of mitigating features, a minimum
term in excess of 20 years would

require very serious aggravating features and very careful

reflection before such a sentence would be imposed.

Accordingly, the minimum term imposed by the judge

had not properly reflected: the circumstances of the
murder, the previous conduct, the other offences of
which she had been convicted and the mitigating factors.
The minimum term which properly reflected all the
factors had been one of 19 years. Therefore, the
minimum term of 24 years imposed by the judge would
be quashed and substituted for a minimum term of 19
years.
Appeal against conviction dismissed.
Appeal against sentence allowed.