Richard Lee Norris v R
[2024] EWCA Crim 68
R v Nathan Thomas Smith
14 September 2023
[2023] EWCA Crim 1173
Court of Appeal
A man was convicted of murder and given a life sentence with a minimum of 21 years in prison. He tried to appeal the length of the sentence, but the appeal court said the judge had made a fair decision, considering both the good and bad things about his case, so his appeal was rejected.
Key Facts
- •Nathan Thomas Smith convicted of murder on 17 August 2022.
- •Sentenced to life imprisonment with a minimum term of 21 years (less 447 days spent on remand).
- •Murder of Takieddine Boudhane on 3 January 2020.
- •Smith used a skeletool (multi-tool with a blade) to stab Boudhane multiple times.
- •Incident involved an altercation between Smith and Boudhane, with Boudhane also armed with a screwdriver.
- •Smith fled to Salzburg after the murder and remained at large for 17 months before surrendering.
- •Smith had prior convictions for possessing prohibited weapons and an imitation firearm.
- •Mitigation considered included lack of premeditation, intention to cause serious bodily harm rather than kill, element of provocation, and remorse.
Legal Principles
Sentencing for murder is life imprisonment; minimum term determined by reference to Schedule 21 of the Sentencing Act 2020.
Sentencing Act 2020, Schedule 21
Outcomes
Application for extension of time to appeal against sentence refused.
The Court of Appeal found the judge's sentencing decision was not arguable. The judge appropriately considered aggravating factors (use of weapon, public nature of attack, fleeing jurisdiction) and mitigating factors (lack of premeditation, provocation, remorse). The 21-year minimum term was deemed justified.