The Solicitor General, Michael Tomlinson KC MP, provides a statement on the case of Thomas Cashman.
The Solicitor General Michael Tomlinson KC MP said:
Olivia Pratt-Korbell’s senseless murder at the hands of Thomas Cashman shocked and sickened the nation.
Because of the strong feelings this case evokes, it was little surprise that I received several requests under the Unduly Lenient Sentence scheme, to consider the sentence of life imprisonment with a minimum term of 42 years that was handed down to him.
My duty as a Law Officer in considering whether sentences may be unduly lenient is to act independently of government, even when it is not easy or popular.
Having received detailed legal advice and considered the issues raised very carefully, I have concluded Cashman’s case cannot properly be referred to the Court of Appeal.
Such a referral can only be made if the rigorous legal test is met, irrespective of the seriousness of the crime or the emotions the offending may evoke. The threshold for referral is a high one, and that was not met in this case.
The test is only met if the sentencing judge made a gross error or imposed a sentence outside the range reasonably available in the circumstances of the offending.
My thoughts remain with Olivia’s family and friends who have shown such immeasurable strength during this devastating time.
Background:
Thomas Cashman was sentenced to life imprisonment with a minimum term of 42 years, less time served on remand, following his conviction after trial. The sentencing judge, Mrs Justice Yip DBE, decided that the appropriate starting point set out in legislation was a minimum term of 30 years, which she increased by 12 years to reflect the seriousness and aggravating factors of the case.
More information on the ULS scheme, including who can refer and for what reasons, can be found on GOV.UK
Anyone can ask for a sentence to be reviewed - you do not have to be involved in the case.
Examples of exceptional circumstances that can lead to a referral under the ULS scheme include if the sentencing judge made a gross error or imposed a sentence outside the range of sentences reasonably available in the circumstances of the offence. Photo by Michael Tomlinson's Office, Wikimedia commons.