Regina v Lichniak (On Appeal from the Court of Appeal (Criminal Division)) Regina v Pyrah (On Appeal from the Court of Appeal (Criminal Division))(Consolidated Appeals), (2002)

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Regina v Lichniak (On Appeal from the Court of Appeal (Criminal Division)) Regina v Pyrah (On Appeal from the Court of Appeal (Criminal Division))(Consolidated Appeals), (2002)

HOUSE OF LORDS

Lord Bingham of Cornhill Lord Nicholls of Birkenhead Lord Steyn Lord Hutton Lord Hobhouse of Woodborough Lord Scott of Foscote Lord Rodger of Earlsferry [2001] EWHC Admin 294

OPINIONS OF THE LORDS OF APPEAL FOR JUDGMENT

IN THE CAUSE

REGINA

v.

LICHNIAK

(APPELLANT) (ON APPEAL FROM THE COURT OF APPEAL (CRIMINAL DIVISION))

REGINA

v.

PYRAH

(APPELLANT) (ON APPEAL FROM THE COURT OF APPEAL (CRIMINAL DIVISION))

(CONSOLIDATED APPEALS)

ON 25 NOVEMBER 2002

[2002] UKHL 47

LORD BINGHAM OF CORNHILL

My Lords,

1. The issue which arises on these appeals is agreed to be

"whether section 1(1) of the Murder (Abolition of Death Penalty) Act 1965 is incompatible with:

(1) article 3 of the European Convention on Human Rights (on the grounds that the mandatory life sentence for murder is arbitrary and/or disproportionate); and/or

(2) article 5 of the European Convention on Human Rights (on the grounds that the mandatory life sentence for murder is arbitrary)."

2. Section 1(1) of the 1965 Act provides that those convicted of murder committed as adults should be sentenced to imprisonment for life. The thrust of the appellants' case can be shortly summarised: section 1(1) is arbitrary and disproportionate because it requires the same life sentence to be passed on all convicted murderers, whatever the facts of the case or the circumstances of the offender, and irres...

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