Williams, R. v

Williams, R. v

The trial judge was correct in law to withhold the defences of self-defence, defence of property, and prevention of crime from the jury as they were not available on the facts; the sentences imposed were excessive in light of the appellants' youth and personal mitigation, and should be reduced accordingly, except...

Source-derived case information.

Parties
Appellant: Demario Williams; Appellant: Thierry Edusei; Appellant: Paul Glasgow; Appellant: Lawrence Wilson Nkunku-Linongi; Respondent: The Crown; Intervener: The Howard League for Penal Reform
Jurisdiction
England and Wales
Judgment Date
06 February 2020
Procedural Posture
Criminal Appeal / Judgment on Conviction and Sentence Appeals
Outcome
Appeals against conviction dismissed; appeals against sentence allowed in part.
Legal Topics
Murder, Manslaughter, Sentencing of Children and Young People, Defence of Property, Prevention of Crime, Self Defence, Appeals Against Conviction and Sentence
Criminal Law Murder Manslaughter Sentencing of Children and Young People Defence of Property Prevention of Crime Self Defence Appeals Against Conviction and Sentence

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Summary, issues, holding and outcome

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Parties

Demario Williams

Appellant

Thierry Edusei

Appellant

Paul Glasgow

Appellant

Lawrence Wilson Nkunku-Linongi

Appellant

The Crown

Respondent

The Howard League for Penal Reform

Intervener

Procedural Posture

Criminal Appeal / Judgment on Conviction and Sentence Appeals

Legal Issues

  1. 1 Whether the trial judge erred in refusing to leave defences of self-defence, defence of property, and prevention of crime to the jury
  2. 2 Whether the sentences imposed on the appellants were manifestly excessive, particularly in relation to their age and the role of deterrence in sentencing children

Ratio Decidendi

The trial judge was correct in law to withhold the defences of self-defence, defence of property, and prevention of crime from the jury as they were not available on the facts; the sentences imposed were excessive in light of the appellants' youth and personal mitigation, and should be reduced accordingly, except for Edusei whose sentence was appropriate.

Court Disposition

Appeals against conviction dismissed; appeals against sentence allowed in part.

Orders

  • Williams' minimum term reduced from 20 to 18 years.
  • Nkunku-Linongi's minimum term reduced from 18 to 16 years.