R v Alfie Ferguson & Ors
[2023] EWCA Crim 1569
R v Elvis Grant & Ors
17 May 2024
[2024] EWCA Crim 603
Court of Appeal
Three brothers were involved in a fatal attack. Two were convicted of murder, one of manslaughter. All were convicted of trying to cover up the crime. The Court of Appeal reviewed their sentences, finding them fair despite arguments about the seriousness of the individual roles played in the attack and the overall sentences.
Key Facts
- •Jamal Grant (31), Elvis Grant (51), and Lamar Grant (26) were tried for the murder of Devon Jensen-Wallace.
- •Jamal and Elvis Grant were convicted of murder; Lamar Grant was convicted of manslaughter.
- •All three were convicted of perverting the course of justice.
- •The murder was motivated by revenge for a stabbing of Jamal Grant in 2018.
- •The attack involved machetes/knives (Jamal and Elvis) and a baseball bat (Lamar).
- •The Grants disposed of their clothing and weapons after the attack.
- •Jamal Grant claimed self-defense, which was rejected by the jury.
- •All three had prior convictions.
- •Sentences: Jamal and Elvis Grant received life imprisonment (minimum 24 years); Lamar Grant received 13 years for manslaughter and 2 years consecutively for perverting justice.
Legal Principles
Sentencing for murder, considering aggravating and mitigating factors under Schedule 21 of the Sentencing Act 2020.
Sentencing Act 2020, Schedule 21
Sentencing for manslaughter, considering culpability categories in the Sentencing Council guideline.
Sentencing Council guideline for unlawful act manslaughter
Consideration of group offending as an aggravating factor in murder sentencing.
Schedule 21 of the Sentencing Act 2020 (implied)
The assessment of a defendant's role in a joint offence when considering sentencing.
AG Reference (R v Parry) [2023] EWCA Crim 421 (cited but not fully applied)
Outcomes
Jamal and Elvis Grant's appeals against sentence dismissed.
The court found the judge's assessment of aggravating and mitigating factors appropriate. The judge correctly considered the group nature of the offence and other factors, giving them appropriate weight.
Lamar Grant's appeal against sentence dismissed.
The court upheld the judge's categorization of Lamar Grant's culpability within category B of the manslaughter guideline. While acknowledging Lamar's lesser role, the court deemed his participation significant and the sentence appropriate considering his involvement in the group attack and the perverting of justice.