GUILTY UK - Diane Stewart, 47, found dead, Bassingbourn, Cambridgeshire, 25 June 2010 *arrest in 2020*

[ZaZara]

Don’t let us die in jail, beg five of Britain’s most notorious killers

Double killer Stewart, who was convicted of murdering his first wife Diane Stewart, 47, six years before he went on to murder his fiancée, also appealed against his whole-life order.

“When one looks at the whole set of aggravating features with regard to both of these killings it does not fall in any way shape or form as an exceptionally high-seriousness case,” Amjad Malik QC, for Stewart, said.

BBM


One wonders...... how could we have missed that?

 

[TootsieFootsie]

You mean it's just fine to murder two people.
Not really that serious

 

[Alyce]

You mean it's just fine to murder two people.
Not really that serious

Indeed.

I hope the sentence is maintained - giving him this increase to whole of life was justice for Diane.

I note that, true to form, he didn't even turn up ( CVP ) for the hearing

 

[ZaZara]

Double murderer Ian Stewart appeals whole-life prison sentence

Stewart’s barrister, Amjad Malik QC, told the Court of Appeal today the application is based on whether the two murders were serious enough to warrant a whole-life sentence.

He told the court he knew it was “ironic” he was appealing against a life-order in favour of a lengthy sentence of 36 to 40 years. He said: “The irony is that I am asking for a particularly high sentence to take this man beyond the age of 90. That was the degree of the finite term I was submitting was appropriate.


“This man has murdered, murdered for financial gain, women that he is in a relationship with. A woman first of all, that was his wife for over 20 years, killing by asphyxiation.. and again with respect to Helen Bailey killing for financial gain.

“The degree of planning there was substantial - sedating in order to asphyxiate through the use of drugs but hiding a body in a cesspit so it could decompose. It does not fall in any way shape or form as an exceptionally high seriousness case.

“He is in effect this: A man who is going to die in prison. Looking at the seriousness of those murders together it would be my submission this is not within that exceptional, rare, category that we must serve for whole life orders."

Tim Little QC, for the Attorney General, said the judge sentencing Stewart for the murder of Ms Bailey was “totally oblivious” that he had murdered his Mrs Stewart years before." He said: “My submission is, had the two cases been on the same indictment at the same time, absent strong mitigation or indeed a lack of aggravating features consistent with that, it would on the face of it fall within a whole life order."


BBM


So, let me get this straight. IS is appealing a life sentence in favour of a sentence that will see him die in jail anyway. The point of which is....?? A chance of early release perhaps?

 

[KarenUK]

Does it change the type of prison he'd serve his sentence in? Maybe he's angling for a nice low Security place.

I suspect he's the kind of person who would appeal it just because he can. It would get him off that nasty list of other baddies serving Whole of Life tariffs.

 

[Cherwell]

Summat to do, innit?

 

[Alyce]

Does it change the type of prison he'd serve his sentence in? Maybe he's angling for a nice low Security place.

I suspect he's the kind of person who would appeal it just because he can. It would get him off that nasty list of other baddies serving Whole of Life tariffs.

Yes, perhaps whole of life would put him into a higher security, less freedom of movement type of prison. And further away from home for family to visit. Plus, am sure he has his life sorted in Bedford now, playing bowls etc.

 

[Alyce]

It has been reduced to 35 years. I know it doesnt make any difference in terms of how long he will be inside, he will die in there but it is hugely disappointing for Diane’s verdict as he us not serving any extra time for her murder now.


just adding my link

The double murderer's appeal against the whole-life term was reviewed by five senior judges and has been reduced. He will now serve a minimum term of 35 years.

Ian Stewart: Man who murdered wife and fiancee gets prison term reduced

A man who murdered his wife and fiancee six years apart could one day be released from prison after he appealed against his whole life sentence.

news.sky.com

 

[Legally Bland]

A man who murdered his wife and fiancee six years apart could one day be released from prison after he appealed against his whole life sentence.

[...]

Stewart was sentenced to life in prison with a minimum of 34 years in 2017 for the murder of Ms Bailey, before being handed a whole life sentence in February 2022 after he was convicted of killing Mrs Stewart.

The double murderer's appeal against the whole-life term was reviewed by five senior judges and has been reduced.


He will now serve a minimum term of 35 years.

Ian Stewart: Man who murdered wife and fiancee gets prison term reduced

A man who murdered his wife and fiancee six years apart could one day be released from prison after he appealed against his whole life sentence.

news.sky.com

One extra year for a second murder?

 

[Alyce]

There is no open thread for Sarah Everard , so will add my comment here. WC's sentence has not been reduced, which is good news. ( same link as I have put above in post 555, in case anyone needs to check ).

 

[Bluebear15]

One year for the murder of his wife. The UK justice system showing that it doesn't take domestic violence seriously imo

 

[Legally Bland]

There is no open thread for Sarah Everard , so will add my comment here. WC's sentence has not been reduced, which is good news. ( same link as I have put above in post 555, in case anyone needs to check ).

The media thread is still open Alyce.

UK - Sarah Everard, 33, London, Clapham Common, 3 March 2021 MEDIA THREAD *NO DISCUSSION*

They are alleged to have shared racist and misogynistic messages with then-serving Met officer Couzens. [...] The court heard that evidence will include training courses the officers attended to assess whether they ‘should have known the content of the material they were exchanging was grossly...

www.websleuths.com

 

[Legally Bland]

Judgement and press summary.

R -v- Stewart, Couzens, Tustin, Hughes and Monaghan (judgment and press summary) - Courts and Tribunals Judiciary

Neutral Citation Number: [2022] EWCA Crim 1063 Case Nos: 202200735/A1, 202103375/A1, 202200172/A2, 202104116/A4, 202104117/A4, 202104118/A4, 202201137 In the Court of Appeal (Criminal Division) on appeal from The Crown Court at LutonMr Justice Bryan(Stewart) and the Central Criminal CourtLord...

www.judiciary.uk

 

[Rusty Braincells]

Stewart really loves wasting the courts’ time and energy on top of being a double-murdering waste of oxygen. Hopefully he dies before he’s a very old man and gets to be free.

We need a change to the system — these long sentences of 30-odd years sound fine in principle, but when given to younger killers than Stewart, create a real possibility of individuals being released in their 60s or 70s, with ten or twenty years’ life left for the surviving friends and family e.g. siblings of victims to have to endure the risk of them still causing harm, or getting to enjoy their later years the way their victims didn’t. For sadistic, sexually-motivated murders like those of Sabina Nessa, I would like to see the expectation of no parole. Couzens being a police officer and using his warrant card tipped the balance, not the nature of the crime itself.

 

[Bluebear15]

Judgement and press summary.

R -v- Stewart, Couzens, Tustin, Hughes and Monaghan (judgment and press summary) - Courts and Tribunals Judiciary

Neutral Citation Number: [2022] EWCA Crim 1063 Case Nos: 202200735/A1, 202103375/A1, 202200172/A2, 202104116/A4, 202104117/A4, 202104118/A4, 202201137 In the Court of Appeal (Criminal Division) on appeal from The Crown Court at LutonMr Justice Bryan(Stewart) and the Central Criminal CourtLord...

www.judiciary.uk

Thanks very much for those.

I see that Stewart's new sentence is from 09/02/22. He's 61 now so will be 96 when parole comes up (if alive). I can't see the parole board releasing him at that age, as I doubt anyone (people or care home) would want to take him. Jmo

 

[Alyce]

Reading a very quick summary of the judgement, it seems that the reason for the change is that when IS murdered Diane, this was his first murder and the Judge should not have taken Helen's murder into account when making the WOL order, because Helen was murdered 6 years later. Therefore, when IS murdered Diane, he had no previous murder record.

 

[Legally Bland]

I'll try and have a proper read of the judgement later, but I'm reading it as though if the two cases were tried together then a whole life tariff could be applicable. As the first case was tried second, the judge could only sentence that case in isolation and not consider subsequent events.

ETA: posted at the same time @Alyce.

 

[Rusty Braincells]

Reading a very quick summary of the judgement, it seems that the reason for the change is that when IS murdered Diane, this was his first murder and the Judge should not have taken Helen's murder into account when making the WOL order, because Helen was murdered 6 years later. Therefore, when IS murdered Diane, he had no previous murder record.

IS getting away with killing his first wife for long enough to have time to become engaged to a potential second, and being found out for the second one first in order of time, means he can’t be sentenced like other murderers who have killed two people… clear grounds to close whatever loophole allowed for this.

 

[Rusty Braincells]

Thanks very much for those.

I see that Stewart's new sentence is from 09/02/22. He's 61 now so will be 96 when parole comes up (if alive). I can't see the parole board releasing him at that age, as I doubt anyone (people or care home) would want to take him. Jmo

We can say this, but equally they may decide at that point to release him on compassionate grounds due to his age, and the expectation would be the local authority will have to care for him.

I don’t think we should rely on “probably won’t get out” for some of these sentences (not saying you’re saying that, but in case it’s the justice system’s take at this point in time). Things may have changed by then in medicine or policy and Stewart may have five years left to enjoy. I think people probably thought Harry Roberts, who murdered three police officers many years ago, would never be released or if he did be right at the end of his life, but he got parole at age 78 and is still enjoying a free life at 86. Of course, notably younger than Stewart will be, but some people make 100 or 105, who is to say Stewart won’t be one of them.

 

[ZaZara]

This makes me wonder if IS was convicted for the murder of Helen Bailey with the motivation that he had no previous convictions? I can't remember if that was one of the grounds for the conviction and the sentence. There were other considerations, obviously.

Very curious loophole indeed. I hope they close it soon.