Vinter v UK [2013, ECHR]
- Joint appeal concerning a whole life sentence as a opposed to a mandatory life sentence (capped at 25 years)
- Vinter was released after a minimum 10 year sentence for murder, before killing his wife in a fit of rage
- Moore killed four people for the purpose of sexual gratification
- Bamber killed his family in a pre-mediated murder
- Was the issuing of a whole life sentence in breach of Article 3 of the European Convention of Human Rights concerning the prevention of inhuman or degrading treatment?
- The European Court of Human Rights said that to have no prospect of release from prison (except dying) constituted inhuman or degrading treatment
- This was contrary to the Lord Chief Justice’s remarks in the Court of Appeal
- This judgment is not binding in the UK, as illustrated by R v McLoughlin , where the Court of Appeal ignored this decision, finding that in the UK, a whole life sentence is permissible
Posted in Criminal Law Revision Notes.
This page was last updated on 30th January 2015