Geoffrey Downs [2019] EWCA Crim 728

The applicant pleaded guilty to murder and possession of an offensive weapon, he was sentenced to life with a minimum term of 25 years.

Aggravating features were identified by the sentencing judge as intoxication, premeditation, returning to the flat to obtain knives, sustained attack, injury to three interveners, asking someone to dispose of the knife, previous convictions and breach of a suspended sentence. Those features increased the starting point from 25 to 27 years, 2 years discount was allowed for the guilty plea.

He applied for leave to appeal on the grounds that insufficient credit was given for his plea and the minimum term was wrongly increased by reference to the aggravating features. The plea was entered three weeks before trial and it was argued he should have been given full credit as he wanted to explore the defence of automatism. He had lost confidence in his legal team and so argued he was entitled to be treated as pleading guilty at the first opportunity once he had advice from leading counsel. The argument was rejected by the Court as he had been given relevant advice beforehand which he did not like and pleaded guilty after receiving the same advice from new representation.

The judge was entitled to find the aggravating factors that he did and to increase the starting point as he did.

Permission was refused.