Jaden Drake & Anor v R

Jaden Drake & Anor v R

There was insufficient evidence to require the issue of loss of control to be left to the jury; the judge was correct to refuse to do so. However, there was no sufficient evidential basis for the finding that the knife was brought to the scene, so the starting point for sentence should have been 15 years, not 25. The sentences were therefore manifestly excessive and must be reduced.

Parties
Appellant: Jaden Drake; Appellant: Igors Andersons; Respondent: The King
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence
Outcome
appeals against conviction refused; appeals against sentence allowed
Legal Topics
Murder, Loss of Control, Self Defence, Sentencing
Criminal Law Murder Loss of Control Self Defence Sentencing

Case Brief

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Parties

Jaden Drake

Appellant

Igors Andersons

Appellant

The King

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge erred in refusing to leave the partial defence of loss of control to the jury
  2. 2 Whether the sentences imposed were manifestly excessive

Ratio Decidendi

There was insufficient evidence to require the issue of loss of control to be left to the jury; the judge was correct to refuse to do so. However, there was no sufficient evidential basis for the finding that the knife was brought to the scene, so the starting point for sentence should have been 15 years, not 25. The sentences were therefore manifestly excessive and must be reduced.

Court Disposition

appeals against conviction refused; appeals against sentence allowed

Orders

  • Original sentences quashed
  • Jaden Drake: imprisonment for life with minimum term of 17 years, less 269 days served