Smith, R. v [2023] EWCA Crim 1173 (14 September 2023)

Smith, R. v [2023] EWCA Crim 1173 (14 September 2023)

The judge was entitled to conclude the applicant was the aggressor, possession and use of the skeletool warranted a substantial uplift, and mitigating factors were properly considered. The minimum term imposed was justified and not arguable as unjust or unjustifiable.

Citation
[2023] EWCA Crim 1173
Parties
Prosecution: Rex; Applicant: Nathan Thomas Smith
Jurisdiction
England and Wales
Judgment Date
14 September 2023
Procedural Posture
Criminal Appeal / Renewed Application for Extension of Time to Apply for Leave to Appeal Against Sentence
Outcome
application refused
Legal Topics
Murder, Sentencing, Minimum Term, Aggravating and Mitigating Factors, Extension of Time
Criminal Law Murder Sentencing Minimum Term Aggravating and Mitigating Factors Extension of Time

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Parties

Rex

Prosecution

Nathan Thomas Smith

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Extension of Time to Apply for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the minimum term imposed for murder was unjust or unjustifiable
  2. 2 Whether aggravating and mitigating factors were properly balanced in sentencing
  3. 3 Whether extension of time for leave to appeal against sentence should be granted

Ratio Decidendi

The judge was entitled to conclude the applicant was the aggressor, possession and use of the skeletool warranted a substantial uplift, and mitigating factors were properly considered. The minimum term imposed was justified and not arguable as unjust or unjustifiable.

Court Disposition

application refused

Orders

  • application for extension of time refused
  • no purpose served in extending time