Smith & Ors, R. v

Smith & Ors, R. v

The minimum terms imposed were manifestly excessive because insufficient weight was given to the appellants' young ages and the absence of intent to kill; the minimum terms should be reduced accordingly.

Parties
Respondent: Regina; Appellant: Adison David Smith; Appellant: Alfie Drage; Appellant: Cameron Higgs; Appellant: Jordan Benjamin Crowley
Jurisdiction
England and Wales
Judgment Date
24 July 2020
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeals allowed in part; minimum terms reduced
Legal Topics
Murder, Conspiracy to Rob, Sentencing, Minimum Term, Aggravating and Mitigating Factors
Criminal Law Murder Conspiracy to Rob Sentencing Minimum Term Aggravating and Mitigating Factors

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Parties

Regina

Respondent

Adison David Smith

Appellant

Alfie Drage

Appellant

Cameron Higgs

Appellant

Jordan Benjamin Crowley

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the minimum terms imposed for murder were manifestly excessive
  2. 2 Appropriate application of Schedule 21 of the Criminal Justice Act 2003 in determining starting points for minimum terms
  3. 3 Consideration of aggravating and mitigating factors, including age and intent

Ratio Decidendi

The minimum terms imposed were manifestly excessive because insufficient weight was given to the appellants' young ages and the absence of intent to kill; the minimum terms should be reduced accordingly.

Court Disposition

Appeals allowed in part; minimum terms reduced

Orders

  • Minimum term for Cameron Higgs reduced from 28 to 26 years, less 268 days on remand
  • Minimum term for Alfie Drage reduced from 28 to 26 years, less 268 days on remand