R v Joshua Kerr
[2023] EWCA Crim 212
R v Joshua James Cameron Prescott
16 November 2023
[2023] EWCA Crim 1437
Court of Appeal
Three young men attacked and killed someone. One of them, Joshua, appealed his life sentence. The court looked at the evidence – including blurry CCTV – and decided Joshua was involved enough to deserve the sentence. They rejected his argument that his sentence was too similar to his friends'. His appeal failed.
Key Facts
- •Joshua Prescott, Ben Dawber, and Kane Adamson were involved in the murder of Thomas Williamson on September 25, 2021.
- •The three defendants were driving around in a car and had consumed illegal substances.
- •They were involved in an attempted robbery earlier that night.
- •They encountered Williamson, mistakenly believing he was involved in a prior fight.
- •Williamson was attacked and stabbed multiple times, resulting in his death.
- •Dawber admitted to stabbing Williamson but claimed self-defense.
- •Adamson had limited recall due to drug use.
- •Prescott did not give evidence but initially claimed to be asleep.
- •CCTV footage showed all three defendants surrounding and attacking Williamson.
- •Prescott had prior convictions, including possession of an offensive weapon.
Legal Principles
Sentencing for murder under Schedule 21 of the Sentencing Act 2020.
Sentencing Act 2020
Consideration of aggravating and mitigating factors in sentencing.
Sentencing Guidelines
Disparity arguments in appeals against sentence.
Court of Appeal precedent
Outcomes
Prescott's appeal against his life sentence with a minimum term of 17 years was dismissed.
The Court of Appeal found the sentence was not manifestly excessive, considering the circumstances of the murder, Prescott's participation, and the difficulty in distinguishing roles based on the evidence.