Griffiths & Ors v R. [2012] EWCA Crim 2822 (21 December 2012)

Griffiths & Ors v R. [2012] EWCA Crim 2822 (21 December 2012)

The murder, committed in furtherance of a large-scale criminal enterprise and to enforce discipline, was of particularly high seriousness, justifying a 30-year starting point. However, the judge undervalued the mitigating factor of absence of intent to kill and double-counted some aggravating factors. The minimum terms were reduced to reflect proper balancing of aggravating and mitigating circumstances.

Citation
[2012] EWCA Crim 2822
Parties
Appellant: Lee Griffiths; Appellant: Luke Griffiths; Appellant: Thomas Griffiths; Appellant: Mark Jackson; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
21 December 2012
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Sentence
Outcome
appeals allowed in part; minimum terms reduced
Legal Topics
Murder, Sentencing, Minimum Term, Aggravating Factors, Mitigating Factors, Conspiracy to Pervert the Course of Justice, Conspiracy to Supply Drugs
Criminal Law Murder Sentencing Minimum Term Aggravating Factors Mitigating Factors Conspiracy to Pervert the Course of Justice Conspiracy to Supply Drugs

Case Brief

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Parties

Lee Griffiths

Appellant

Luke Griffiths

Appellant

Thomas Griffiths

Appellant

Mark Jackson

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Sentence

Legal Issues

  1. 1 Whether the minimum terms imposed for murder were appropriate given the aggravating and mitigating factors
  2. 2 Whether the murder was properly classified as one of 'particularly high seriousness' under Schedule 21 of the Criminal Justice Act 2003
  3. 3 Whether the judge erred in applying the starting point and adjustments for aggravating/mitigating factors

Ratio Decidendi

The murder, committed in furtherance of a large-scale criminal enterprise and to enforce discipline, was of particularly high seriousness, justifying a 30-year starting point. However, the judge undervalued the mitigating factor of absence of intent to kill and double-counted some aggravating factors. The minimum terms were reduced to reflect proper balancing of aggravating and mitigating circumstances.

Court Disposition

appeals allowed in part; minimum terms reduced

Orders

  • Lee Griffiths: minimum term reduced to 30 years
  • Luke Griffiths: minimum term reduced to 23 years