R v Nathan Thomas Smith
[2023] EWCA Crim 1173
R v Brian Jewell
4 October 2024
[2024] EWCA Crim 1232
Court of Appeal
A young man was convicted of murder after a fight where he used a knife he'd brought to the scene. He argued his sentence was too long. The court disagreed, saying the judge correctly considered the law and all the circumstances of the case before setting the sentence.
Key Facts
- •Brian Jewell (aged 20) convicted of murder of Stephen Cook and possession of a bladed article.
- •Murder occurred in Exeter city centre after a fight; Jewell stabbed Cook with an Opinel knife.
- •Jewell had obtained the knife for bushcraft but also for self-protection.
- •Jewell had a history of previous convictions for assault and other offenses.
- •Jewell's defense was self-defense; the jury rejected his claim that he had a good reason to possess the knife.
- •Judge imposed a life sentence with a minimum term of 20 years (minus remand time).
- •Appeal challenged the minimum term as manifestly excessive.
Legal Principles
Sentencing for murder involving a knife under Schedule 21 of the Sentencing Act 2020.
Sentencing Act 2020, Schedule 21, paragraphs 4(1) and 4(2)
Consideration of mitigating factors in sentencing, including age, provocation, and self-defense.
Sentencing guidelines and case law (implicit)
Outcomes
Appeal dismissed.
The court found the judge correctly applied Schedule 21, paragraph 4(1) and 4(2) of the Sentencing Act 2020 as the applicant intended to have the knife available as a weapon. The jury's rejection of the applicant's defense regarding knife possession further supported this decision. The court also found the judge appropriately considered mitigating factors in determining the minimum term.