‘Ex­ces­sive pun­ish­ment’ claim re­jected

Macclesfield Express - - NEWS -

A JUDGE said there were ‘am­ple grounds’ for dis­tin­guish­ing be­tween the ac­tions of Jervis and Ju­lia Howard.

Un­like Jervis, Howard had not en­tered the woods and was not in­volved in drug deal­ing, he said.

Jervis ob­tained the gun, was un­der pres­sure af­ter its dis­ap­pear­ance and had a pre­vi­ous con­vic­tion for a kid­nap in­volv­ing an as­sault, the court heard.

Lawyers for Jervis also pointed out that Bead­ell had ad­mit­ted to oth­ers that he had com­mit­ted the mur­der. But the judge said that was ‘not in­con­sis­tent’ with the killing be­ing a joint en­ter­prise as both were present at the time.

Jervis was ‘no more than one me­tre away’ from the vic­tim when he was stabbed, he said.

Lord Jus­tice Treacy con­cluded that there were ‘no ten­able grounds of ap­peal’ against Jervis’s con­vic­tion. Jervis had 261 days he served on re­mand de­ducted from his min­i­mum jail term, but his ap­peal was oth­er­wise dis­missed.

At the orig­i­nal trial Dale Fran­cis Mans­field Thom­son, 22, of Bux­ton Road, Con­gle­ton, was con­victed by the jury of per­vert­ing the course of jus­tice. He burned the clothes Bead­ell was wear­ing when he com­mit­ted the mur­der.

Thom­son got three years de­ten­tion in a young of­fend­ers institution, which his lawyers ar­gued was far too tough.

But Lord Jus­tice Treacy, who was sit­ting with Mrs Jus­tice Carr and Mr Jus­tice Kerr, re­jected ar­gu­ments that his pun­ish­ment was ex­ces­sive.

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