R v Timothy William Bodle (AKA Morris)
[2024] EWCA Crim 1157
R v Liam Taylor
18 September 2024
[2024] EWCA Crim 1319
Court of Appeal
A man killed his pregnant girlfriend in a violent attack. The judge gave him a long sentence, but the appeal court made it a bit shorter because, while the crime was awful, it didn't quite meet the criteria for the very longest possible sentence.
Key Facts
- •Liam Taylor pleaded guilty to the murder of Ailish Walsh, who was 22 weeks pregnant with his child.
- •The murder involved a ferocious attack with multiple stab wounds, incisions, and blunt force trauma.
- •The attack was targeted, focusing on Walsh's face, abdomen (near the foetus), and genital area.
- •Taylor left Walsh to die and sent false messages to divert attention.
- •Taylor had previous convictions for violence against women.
- •The sentencing judge considered numerous aggravating factors but did not find sufficient evidence for sadistic or sexual conduct as defined in relevant case law.
Legal Principles
Sentencing for murder must consider the general principles in Schedule 21 of the Sentencing Act 2020 and relevant sentencing guidelines.
Sentencing Act 2020, section 322 (2) and (3)
The sentencing judge's selection of a starting point and identification of aggravating/mitigating factors are matters for their discretion; they are not bound by party submissions.
R v Brooks [2023] EWCA Crim 544
For a murder to be considered 'particularly high' in seriousness under Schedule 21, paragraph 3, it must be of commensurate seriousness with the listed categories, even if it doesn't fit neatly into one.
Schedule 21, paragraph 3 of the Sentencing Act 2020
To classify a murder as involving 'sexual or sadistic conduct' (Schedule 21, paragraph 3(e)), there must be sufficient evidence of enhanced pleasure in the infliction of pain (R v Bonellie).
R v Bonellie [2008] EWCA Crim 1417
Outcomes
The appeal against sentence was partially allowed.
The court found that while the judge was entitled to find many aggravating factors, the case fell just below the threshold for 'particularly high seriousness' under Schedule 21, paragraph 3. The starting point for sentencing should have been 15 years, increased substantially to account for aggravating factors, resulting in a final minimum term of 24 years and 118 days.