LUKE MUIR MITCHELL V HMA

In his appeal against sentence the Appeal Court has, by a majority, refused the application. Lord Gill, sitting with Lord Hardie and Lady Cosgrove have now issued their Opinion.

Luke Mitchell was convicted of the murder of his girlfriend Jodi Jones in January 2005.  He was sentenced to detention without limit of time with a punishment part of 20 years. He appealed against both conviction and sentence.  His appeal against conviction was refused in May 2008.  He then appealed against the sentence imposed.

While Lord Gill concluded that the punishment part should be reduced to 15 years to take account of his age at the time of the offence; Lord Hardie and Lady Cosgrove were of the opinion that given that nature and circumstances of the crime the punishment part should remain at 20 years. 

The appeal was therefore refused.

The full Opinion is now available at this location:   http://www.scotcourts.gov.uk/opinions/2011HCJAC10.html

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