R v Brian Jewell

R v Brian Jewell

The judge was correct to apply the 25-year starting point under paragraph 4(1) and 4(2) of Schedule 21 because the applicant took the knife to the scene intending to use it as a weapon. The applicant's age and mitigation were properly considered, and there was no error in the judge's evaluation. The minimum term was...

Source-derived case information.

Parties
Prosecutor: Rex; Appellant: Brian Jewell
Jurisdiction
England and Wales
Judgment Date
16 October 2024
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence
Outcome
application dismissed
Legal Topics
Murder, Sentencing, Possession of Bladed Article, Minimum Term, Mitigation, Aggravating Factors
Criminal Law Murder Sentencing Possession of Bladed Article Minimum Term Mitigation Aggravating Factors

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Parties

Rex

Prosecutor

Brian Jewell

Appellant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the minimum term of 20 years for murder was manifestly excessive
  2. 2 Whether the sentencing judge erred in applying paragraph 4(1) and 4(2) of Schedule 21 to the Sentencing Act 2020
  3. 3 Whether the applicant's age and mitigating factors warranted a lower minimum term

Ratio Decidendi

The judge was correct to apply the 25-year starting point under paragraph 4(1) and 4(2) of Schedule 21 because the applicant took the knife to the scene intending to use it as a weapon. The applicant's age and mitigation were properly considered, and there was no error in the judge's evaluation. The minimum term was not manifestly excessive.

Court Disposition

application dismissed

Orders

  • Renewed application for leave to appeal against sentence is dismissed