R v Colin Reeves
[2023] EWCA Crim 384
Jordan McSweeney v R
3 November 2023
[2023] EWCA Crim 1250
Court of Appeal
A man was given a long prison sentence for murdering a woman after sexually assaulting her. He appealed, and the judges agreed the sentence was too harsh and made it shorter because some of the reasons for the long sentence weren't fully supported by the evidence.
Key Facts
- •Jordan McSweeney (appellant) pleaded guilty to the murder and sexual assault of Zara Aleena.
- •The murder was brutal and sexually motivated, resulting in multiple injuries.
- •The appellant was on licence at the time of the offence.
- •The appellant had a significant criminal history, including previous convictions for assault and possession of weapons.
- •The Judge initially sentenced the appellant to life imprisonment with a minimum term of 38 years for murder (after a 5-year reduction for his guilty plea).
- •The appellant appealed the sentence, arguing it was manifestly excessive.
Legal Principles
Sentencing for murder requires a life sentence with a specified minimum term, considering the offence's seriousness and aggravating/mitigating factors (Schedule 21, Sentencing Act 2020).
Sentencing Act 2020, Schedule 21
Aggravating factors in murder sentencing include significant planning/premeditation, and mental/physical suffering inflicted on the victim.
Schedule 21, Sentencing Act 2020, paragraph 9
Mitigating factors may include mental disorder reducing culpability, and remorse.
Schedule 21, Sentencing Act 2020, paragraph 10(c)
Credit for a guilty plea to murder cannot exceed one-sixth or five years.
Sentencing Council Guideline on Reduction for Sentence for a Guilty Plea
Outcomes
The appeal was allowed.
The initial minimum term of 38 years (after credit for a guilty plea) was manifestly excessive. The Judge's finding of 'inordinate suffering' was not supported by sufficient evidence, and certain aggravating factors were overstated.
The minimum term for murder was reduced from 38 years to 33 years.
A 13-year uplift from the 30-year starting point was deemed excessive. The court found a 8-year uplift more appropriate.
The victim surcharge was increased from £187 to £228.
Correction of a minor error.