R v Nathan Thomas Smith
[2023] EWCA Crim 1173
R v Joshua Kerr
7 February 2023
[2023] EWCA Crim 212
Court of Appeal
A man was convicted of murder and given a life sentence with a minimum of 24 years in prison. He appealed, arguing the sentence was too long. The court disagreed, saying the judge fairly considered everything – the bad things he'd done and the difficult life he'd had – before deciding on the punishment.
Key Facts
- •Joshua Kerr convicted of murder of 16-year-old Daniel Laskos.
- •Murder committed on May 7, 2021, using a Rambo-style knife.
- •Kerr was 18 years and 3 months old at the time of the murder.
- •Kerr was convicted alongside three co-defendants, one of whom was under 18.
- •Kerr sentenced to life imprisonment with a minimum term of 24 years (consecutive to a previous sentence for GBH with intent).
- •Aggravating factors included the use of a knife, group involvement, premeditation, and Kerr's prior convictions for violent offences.
- •Mitigating factors included Kerr's age, psychological issues (ADHD and ODD), difficult background, and recent fatherhood.
Legal Principles
Reporting restrictions under Section 45 of the Youth Justice and Criminal Evidence Act 1999 apply due to a co-defendant being under 18.
Youth Justice and Criminal Evidence Act 1999, s.45
Sentencing guidelines in Schedule 21 of the Sentencing Act (Sentencing Code) regarding minimum terms for knife-related murders.
Sentencing Act, Schedule 21
Consideration of age and maturity in sentencing, referencing R v Peters [2005] EWCA Crim 606 and R v M and R v Clarke [2018].
R v Peters [2005] EWCA Crim 606; R v M and R v Clarke [2018]
Outcomes
Appeal against sentence refused.
The court found the 24-year minimum term, arrived at after considering aggravating and mitigating factors, was not manifestly excessive or wrong in principle.