Jaden Drake & Anor v R
[2023] EWCA Crim 1454
R v George Henry Knights
19 July 2023
[2023] EWCA Crim 895
Court of Appeal
A man was convicted of murder. He argued he acted in self-defense and lost control, but the court didn't believe him. The judge thought the murder was for money or drugs, and the man's appeal against his long prison sentence was rejected.
Key Facts
- •George Henry Knights (applicant) convicted of murder on 9 June 2021.
- •Applicant's account (though rejected by prosecution): He was selling cocaine bought from the deceased, and wanted to find a new supplier; the deceased became angry and intimidating, threatening the applicant's family; a fight ensued; applicant wrestled a knife from the deceased and stabbed him fatally.
- •Applicant's defence at trial was self-defence, not loss of control.
- •Applicant's father claimed £25,000 went missing from their house around the time of the murder, suggesting the killing wasn't for financial gain.
- •Judge sentenced applicant to life imprisonment with a minimum term of 23 years, considering the murder was for financial gain.
Legal Principles
If sufficient evidence exists for the loss of control defence, it should be put to the jury, regardless of whether it was expressly advanced by the defence.
R v Goodwin [2018] 4 WLR 165
Appellate courts give weight to trial judge's evaluation of evidence and won't readily interfere.
R v Goodwin [2018] 4 WLR 165
In murder sentencing, a starting point of 30 years applies for offences of particularly high seriousness (financial gain is a factor). However, the court must assess seriousness and calibrate the sentence on the facts.
R v Cole [2008] EWCA Crim 1060
Sentencing judge must apply the criminal standard of proof when considering aggravating and mitigating factors.
Sentencing Act 2020, section 275 (implicitly referenced)
Outcomes
Leave to appeal against conviction refused.
Insufficient evidence to support a loss of control defence; the judge correctly didn't give such a direction; the applicant's own evidence supported self-defence.
Leave to appeal against sentence refused.
Judge was entitled to find the murder was for financial gain (either money or drugs); the 23-year minimum term, given the aggravating factors, wasn't manifestly excessive.