‘Excessive punishment’ claim rejected
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.