R v Steven Paul Craig
[2023] EWCA Crim 893
R v Tony Russel Brooks
12 May 2023
[2023] EWCA Crim 544
Court of Appeal
A man murdered his girlfriend in a brutal attack, then hid her body and tried to cover it up. He pleaded guilty, but the judge gave him a very long sentence because of how terrible the crime was. The appeal court agreed the sentence was fair.
Key Facts
- •Tony Russel Brooks (appellant, age 36) was sentenced to life imprisonment with a minimum term of 24 years and 9 months for the murder of Kirstie Ellis.
- •Brooks pleaded guilty to the murder.
- •The murder involved a sustained attack: repeated blunt force trauma, strangulation, and obstruction of airway with objects forced into the throat.
- •The victim's body was found in her bath after seven weeks, showing signs of decomposition.
- •Brooks stole the victim's possessions and impersonated her on social media after the murder.
- •Brooks had a history of 27 convictions for 81 offences, including violence, theft, and sexual offences.
- •The judge increased the starting point for the minimum term from 15 years (Schedule 21, paragraph 5, Sentencing Act 2020) to 27 years before applying credit for the guilty plea.
- •The appeal challenged the judge's increase of the starting point to 27 years, arguing it was manifestly excessive.
Legal Principles
Sentencing for murder involves a starting point, adjustable based on aggravating and mitigating factors. Schedule 21 of the Sentencing Act 2020 provides guidance, but is not exhaustive.
Sentencing Act 2020, Schedule 21, paragraph 5
The court retains discretion in sentencing, balancing aggravating and mitigating factors; the exercise is qualitative, not mathematical.
Court of Appeal judgment
Appellate interference is only justified if the sentence is manifestly excessive.
Court of Appeal judgment
Outcomes
Appeal dismissed.
The Court of Appeal found the 12-year uplift from the 15-year starting point was justified due to the multiplicity of aggravating factors (coercive control, abuse of trust, significant suffering inflicted on the victim, concealment of the body and impersonation, theft, blaming others, and prior convictions).