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Criminal law – Conviction. The defendants, D1 and D2, had been convicted of the murder of a British soldier. D1 had been sentenced to life imprisonment with a whole life order and D2 had been sentenced to life imprisonment, with a minimum term of 45 years. D1 sought permission to appeal against conviction and sentence and D2, having been granted leave, appealed against sentence. The Court of Appeal, Criminal Division, refused D1's applications. The submission that the judge had erred in law in his direction to the jury as to the definition of murder, namely, that the 'Queen's peace' meant no more than the deceased had not been engaged in a war or rebellion against the state, was rejected. Further, the court dismissed D2's appeal and held that the judge had been entitled to pass the sentence he had.
Criminal law – Conviction. The defendants, D1 and D2, had been convicted of the murder of a British soldier. D1 had been sentenced to life imprisonment with a whole life order and D2 had been sentenced to life imprisonment, with a minimum term of 45 years. D1 sought permission to appeal against conviction and sentence and D2, having been granted leave, appealed against sentence. The Court of Appeal, Criminal Division, refused D1's applications. The submission that the judge had erred in law in his direction to the jury as to the definition of murder, namely, that the 'Queen's peace' meant no more than the deceased had not been engaged in a war or rebellion against the state, was rejected. Further, the court dismissed D2's appeal and held that the judge had been entitled to pass the sentence he had.
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