Nail bomber loses sentence appeal

28 June 2011 Last updated at 12:56 GMT Copeland admitted killing three and injuring 139 people in 1999 Nail bomber David Copeland has failed in his bid to reduce his minimum jail term of 50 years.

Copeland was given six life sentences in June 2000 for three counts of murder and three counts of causing explosions in London in order to endanger life.

Copeland, 35, from Hampshire, admitted killing three and injuring 139 people.

Under new legislation, a High Court judge set a minimum term of 50 years and the Court of Appeal upheld that sentence on Tuesday.

The original recommendation in his case was that he should serve a minimum of 30 years before he can be considered for parole.

Multiple murder

But High Court judge Mr Justice Burton later described it as a "really exceptional case of deliberate, multiple murder".

During 13 days in April 1999 Copeland caused explosions in Brixton, south London Brick Lane in east London and Soho, central London.

The final blast at the gay pub the Admiral Duncan killed Andrea Dykes, 27, who was pregnant, and friends John Light, 32, and Nik Moore, 31, from Essex.

Copeland intended his bombing campaign to ignite a race war across Britain, his trial heard.

He was tried at the Old Bailey in 2000 for murder after the prosecution refused to accept his plea of guilty to manslaughter on the grounds that he was suffering a mental illness - paranoid schizophrenia.

A Broadmoor Hospital consultant had described him as psychotic and diagnosed schizophrenia.

The original trial judge, Michael Hyam, concluded that Copeland's crimes were motivated by his hatred of black and Asian people and homosexuals.

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Two years off killer's sentence

23 June 2011 Last updated at 11:19 GMT Paul James Morrin used a seven-inch blade to stab his victim A man who was jailed for 20 years for the murder of a teenager in Londonderry is to have his jail term reduced by two years.

Paul James Morrin, 46, stabbed 19-year-old Gerald O'Hagan 15 times in his flat in Galliagh Park in February 2006.

Mr O'Hagan was knifed 15 times in the back and neck, severing the jugular vein, during the attack.

The court heard during his trial in 2008 that Morrin had deliberately taken a photograph of Mr O'Hagan's body.

The teenager's body was discovered hours after he had been out celebrating his nineteenth birthday.

Appeal

Morrin, a former process operator with Seagate, claimed to have woken in his flat, still drunk, and then found the victim lying in a bedroom.

He challenged the sentence imposed on him after failing in an earlier bid to have his murder conviction overturned.

In May, the Court of Appeal rejected arguments that Morrin had received a flawed trial before being found guilty.

Delivering judgment in the appeal on Thursday, Mr Justice Hart said there was no argument that a higher starting point in sentencing had been appropriate.

The judge detailed a number of "macabre features" identified in the case, including the taking by Morrin of a perfectly framed photo of the victim after he had been killed, cigarette ash found on his body, and the unexplained presence of a meat cleaver at the scene.

Extensive injuries

Mr Justice Hart, sitting with Lord Justice Higgins and Lord Justice Coghlin, said the court was satisfied the trial judge was entitled to form the conclusion that a trophy photograph may have been taken.

He said: "Taking all of these circumstances into account, namely the vulnerability of the deceased at the time he was attacked, the extensive nature of the injuries inflicted upon him, the cold and casual viewing of the deceased's body, and the presence of the cigarette ash on his back, indicative of the defendant having smoked at a point where the body was lying in front of him, we consider this was a proper case in which to impose a minimum term significantly in excess of 15 to 16 years."

However, Morrin's barrister, Brian McCartney QC, also argued that the trial judge appeared to have penalised him for contesting the case.

Reference was made to the prosecution identifying his attempt to evade responsibility as an aggravating factor, and to his claims that the murder was either carried out by someone else or by him while sleepwalking as being "a complete charade".

Responsibility

Mr Justice Hart pointed out that defendants cannot be punished further for contesting cases, no matter how incredible their defence, because they have the right to plead not guilty.

He said: "We consider that the trial judge's apparent acceptance of the prosecution's submission that the defendant's attempt to evade responsibility was an aggravating factor, and the remarks which we have cited, lend support to Mr McCartney's submission that the judge penalised the defendant for the manner in which he contested the case by treating this as an aggravating factor.

"In those circumstances we have considered the sentence afresh, and determined that the appropriate minimum term should be one of 18 years imprisonment.

"We vary the sentence accordingly, and to that extent the appeal is allowed."

After the verdict was delivered, one of the victim's relatives stood up in the public gallery and shouted: "Shame on you."

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'Elvis' given suspended sentence

19 May 2011 Last updated at 17:35 GMT Michael Cawthray admitting assaulting the son of Elvis' guitarist An Elvis impersonator who attacked the son of the real star's guitarist at a tribute act convention in Birmingham has been given a suspended sentence.

Michael Cawthray, 43, punched and kicked Jeff Burton, James Burton's son.

The attack, which happened at the European Elvis Championships, left Mr Burton with a fractured nose and bruising to his face and body.

Cawthray, of Rhos-on-Sea, north Wales, had thought Mr Burton was "trying it on" with his wife.

At Warwick Crown Court, sitting in Leamington Spa, he was sentenced to a 12-week prison sentence, suspended for a year.

The attack happened in January after Cawthray, of Ebberston Road East, found his wife leaving the 48-year-old performer's hotel following the championships.

'Trying it on'

Prosecutor Mohammed Hafeez told the court Cawthray arranged for Mr Burton to come from the US to perform and stay over in a hotel.

After the concert, on 8 January, Mrs Cawthray went to Mr Burton's room to thank him.

Mr Burton then decided to have a shower, and Mrs Cawthray left, Mr Hafeez said.

Cawthray, who had been looking for his wife, found her leaving the bedroom and spotted Mr Burton not wearing a top, the court heard.

He was ushered away by his son but returned minutes later.

Mr Hafeez said that as Mr Burton opened the door again he was kicked, punched and left with a broken nose and bruises around his face, shoulders and body.

'Nothing inappropriate'

He told police he was scared, being stuck in a country "with no place to go" and was also worried about permanent damage.

Cawthray later told police Mr Burton had been "trying it on" with his wife and he had felt hurt, the court was told. He also told police he had not seen anything inappropriate between Mr Burton and his wife.

Cawthray previously pleaded guilty to one count of assault occasioning actual bodily harm.

He was ordered to do 80 hours of unpaid work, to pay ?750 compensation and ?1,370 court costs.

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