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further aggravating factor is your use of two weapons, a brick and a knife, which you took to the scene. in addressing the on the application of schedule 21 i m urged to find that not only is paragraph three not engage but neither is paragraph four and he argues that the knife that you carried was not one which was taken to the scene in the technical sense intended to be conveyed by paragraph four but i reject the submission and i am sure that you took a knife with you to the building and that you intended when you were there to commit an offence of sexual assault and or have the knife available as a weapon, it is not disputed that you used the weapon in committing the murder of nikki allan. paragraph counter is therefore engaged and this finding is overtaken by my earlier conclusion that this is a murder of particular seriousness but the fact that a knife was taken, even a penknife, and it was used, represents a significant aggravating factor which i must take into acc ....
For defensive or offensive reasons. lord bingham remarked that whilst a recommendation of a punitive term longer than, say, 30 years, will be very rare indeed, i don t think one should set any upper limit, some crimes will certainly call for terms very well in excess of the norm, he said. it is clearfrom very well in excess of the norm, he said. it is clear from the text of the letter that lord bingham was not himself setting a tariff, but he was rather reflecting his own judicial experience and that of otherjudges in describing the level of minimum terms which were being imposed at the time of writing. a practice direction issued in 2004 said that in sentences where the murder was committed before the 31st of may 2000 so, the best guide to what would have been the practice of the secretary of state is the letter sent to judges by lord secretary of state is the letter sent tojudges by lord bingham of cornhill, lord chiefjustice, in ....