Jordan McSweeney v R
[2023] EWCA Crim 1250
R v Colin Reeves
21 March 2023
[2023] EWCA Crim 384
Court of Appeal
A man killed his neighbors after a fight over parking. He got a long prison sentence, but the court made it a bit shorter because the judge hadn't balanced the good and bad things about what he did properly.
Key Facts
- •Colin Reeves was convicted of murdering Jennifer and Stephen Chapple.
- •The murders stemmed from a long-standing parking dispute between Reeves and the Chapples.
- •Reeves, armed with a dagger from his home, entered the Chapples' home at night and stabbed them repeatedly.
- •Reeves' wife heard the screams and the audio recordings captured Reeves shouting "Die you bastards, die."
- •Reeves called the police after the murders and admitted to the killings.
- •Reeves pleaded guilty to manslaughter on the grounds of diminished responsibility, but the plea was rejected.
- •The judge considered several aggravating and mitigating factors during sentencing.
- •The original sentence was life imprisonment with a minimum term of 38 years less time served on remand.
Legal Principles
Sentencing for murder must consider the seriousness of the offense, having regard to the general principles in Schedule 21 of the Sentencing Code.
Sentencing Code, section 322
Schedule 21 sets out different starting points for minimum terms in various categories of murder, considering factors like the number of victims and use of weapons.
Schedule 21 to the Sentencing Code
Judges must avoid applying Schedule 21 inflexibly or mechanistically; a balanced consideration of aggravating and mitigating factors is required.
Case law (cited but not specified in the document)
Outcomes
The appeal against sentence was allowed.
The judge's balancing of aggravating and mitigating factors was deemed to have gone outside the acceptable range, resulting in a manifestly excessive minimum term.
The original minimum term of 38 years less time served on remand was quashed.
The court found the original sentence to be excessively harsh in light of all factors considered.
A reduced minimum term of 35 years less 209 days (time served on remand) was substituted.
This adjusted sentence reflects a more appropriate balance of aggravating and mitigating factors according to the Court of Appeal.