R v Nathan Thomas Smith
[2023] EWCA Crim 1173
Thomas Cashman v R
15 November 2023
[2023] EWCA Crim 1349
Court of Appeal
A man was given a very long prison sentence for shooting and killing a little girl while trying to kill someone else. He tried to appeal the sentence, but the court said the sentence was fair because of how terrible his crimes were.
Key Facts
- •Thomas Cashman convicted of murdering Olivia Pratt-Korbel, attempting to murder Joseph Nee, wounding Cheryl Korbel, and possessing firearms with intent to endanger life.
- •Offences arose from events of August 22, 2022, where Cashman pursued Nee, firing into the Korbel family home, fatally shooting Olivia.
- •Cashman received a life sentence with a 42-year minimum term (less 182 days remand).
- •Cashman had 18 prior convictions, including theft and drug possession, but no history of violence apart from one minor battery offence.
- •Cashman denied involvement throughout the trial and refused to attend his sentencing hearing.
Legal Principles
Sentencing for murder, including considering the seriousness of combined offences.
Sentencing Act 2020, section 322
Sentencing framework for murder under Schedule 21 of the Sentencing Act 2020, including starting points and aggravating factors.
Sentencing Act 2020, Schedule 21
Sentencing guidelines for attempted murder and wounding with intent.
Sentencing Council Guidelines
Outcomes
Application for leave to appeal against sentence refused.
The judge's sentencing remarks were well-reasoned and accurately reflected the aggravating features. The overall sentence was not excessive, considering the totality of the offending and its seriousness. The court did not find the cited authority in Reeves to be of assistance, and the lengthy sentence is a direct consequence of the severity of the crimes.