'Whole-life' sentences for Bermondsey Beast and Psycho wrong - say judges

 
Serial attacker: Michael Roberts
21 November 2012
WEST END FINAL

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A hair fetishist who murdered and mutilated a mother of two in Bournemouth has won an appeal against an order which prevented him from ever being released.

Danilo Restivo had his "whole-life" tariff overturned by the Court of Appeal. He was ordered to serve a minimum term of 40 years instead.

Five judges in London also announced that they were reducing the whole-life order imposed on "Bermondsey Beast" rapist Michael Roberts to a minimum term of 25 years.

But the court refused to quash the whole-life order in the case of killer David Oakes, who "sadistically tortured" his former partner before shooting her and their two-year-old daughter.

The panel, headed by Lord Chief Justice Lord Judge, also upheld the 30-year minimum term imposed on Kiaran Stapleton, who was jailed for life after he "executed" a stranger in the street.

Although the judges overturned the whole-life orders in the cases of Restivo and Roberts, they announced that the imposition of such orders was not incompatible with Article 3 of the European Convention of Human Rights, which prohibits torture and inhuman or degrading treatment and punishment.

The appellants are all still subject to life sentences. Those with a minimum term can apply for parole once that has expired, but they would not be released until they are deemed to no longer pose a threat to the public.

Lord Judge said he thought it was "highly unlikely" that any of the five would be released.

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