R v Tony Russel Brooks
[2023] EWCA Crim 544
R v Steven Paul Craig
18 July 2023
[2023] EWCA Crim 893
Court of Appeal
A man who severely burned his partner in 1998 was convicted of murder when she died years later due to complications from those injuries. The court agreed with his life sentence, saying the original attack was horrific and the man's continued violent behavior made the sentence fair.
Key Facts
- •Steven Craig (59) had a volatile relationship with Jacqueline Kirk (deceased), marked by violence and abuse, including a petrol attack in 1998 which caused severe burns.
- •In 1999, Craig raped and grievously harmed another partner, threatening to set her alight.
- •Kirk died in 2019; her death was linked to the 1998 injuries, impacting her ability to receive necessary medical treatment.
- •Craig was convicted of murder in 2022, and sentenced to life imprisonment with a 15-year minimum term.
- •The appeal challenged the judge's application of Schedule 21 of the Sentencing Code, the starting point for the minimum term, and the consideration of aggravating and mitigating factors.
Legal Principles
Article 7.1 of the European Convention on Human Rights prohibits the imposition of a heavier penalty than was applicable at the time the offence was committed.
Schedule 21 of the Sentencing Code; R v Wright and Hennessy [2022] EWCA Crim 68
An offence is not committed until all its elements are proven. In murder, this includes the death of the victim.
Case law interpretation
Schedule 21, paragraph 3(1) sets a 30-year starting point for minimum term in murder cases where the seriousness of the offence is particularly high and the offender was 18 or over.
Schedule 21 of the Sentencing Code
Sentencing judges must consider all relevant factors, including aggravating and mitigating factors, even if some were considered in previous sentencing exercises for different offences.
Case law interpretation; R v Dunstan [2016] EWCA Crim 2098
The sentencing judge has discretion to go beyond the statutory regime if the circumstances are exceptional.
Wright and Hennessy at [29]
Outcomes
Appeal dismissed.
The judge correctly applied Schedule 21, considering the date of the offence as the victim's death and appropriately assessing the seriousness of the offence and relevant aggravating and mitigating factors. The minimum term was not manifestly excessive, even accounting for prior time spent in custody.