I think this makes it clear that he should be sentenced to a whole of life order. -
Aggravating and Mitigating Factors
Having set a starting point the court must take into account any aggravating or mitigating factors, to the extent that it has not allowed for them in its choice of starting point (paragraph 8, Schedule 21).
Under paragraph 9, detailed consideration of aggravating or mitigating factors may result in a minimum term of any length (whatever the starting point) or in the making of a whole life order.
Aggravating factors that may be relevant include:
a) a significant degree of planning or premeditation;
b) the victim was vulnerable because of age or disability;
c) mental or physical suffering inflicted on the victim before death;
d) the abuse of a position of trust;
e) the use of duress or threats against another person to facilitate the commission of the offence;
f) the victim was providing a public service or performing a public duty; and
g) concealment, destruction or dismemberment of the body.
Mitigating factors include:
a) an intention to cause serious bodily harm rather than kill;
b) lack of premeditation;
c) the offender suffers from a mental disorder or disability (not falling within section 2(1) of the Homicide Act 1957) which lowered their degree of culpability;
d) the offender was provoked in a way not amounting to a defence of provocation;
e) the offender acted to any extent in self-defence;
f) a belief by the offender that the murder was an act of mercy;
g) the age of the offender.
The court should also consider any previous convictions, whether the offence was committed on bail and if the offender pleaded guilty.
The court should take into account any period the offender has spent on remand in connection with the offence or a related offence. The offender will get no credit for time served on remand unless it is taken into account when setting the minimum term. The court should normally subtract the time for which the offender was remanded from the punitive period it would otherwise impose in order to reach the minimum term.