Judges dismiss murder appeals
Aug 1 2008 by Dan Warburton, The Journal
JUDGES have dismissed appeal bids by three teenagers who were convicted of killing a young father outside his home in Sunderland. The youths were given life sentences for murdering Kevin Johnson, 22, who was stabbed to death outside his home in May last year.
Jordan Towers, 16, had applied for leave to appeal against his conviction, while Tony Hawkes, 17, and Dean Curtis, 18, applied for leave to appeal against their sentences.
All three bids were dismissed by judges sitting at the Court of Appeal hearing at Leeds Crown Court.
Mr Johnson was stabbed to death after confronting the group of youths about their rowdy behaviour.
The trial at Newcastle Crown Court, in October last year, heard it was impossible to say who delivered the fatal blow but all three were convicted of murder on joint enterprise.
Demolition worker Mr Johnson left a baby son called Chaise and his fiancee, Adele.
His father, Sunderland taxi driver John Johnson, has campaigned for stiffer sentences for murderers since his son’s death. Speaking outside the court, he said life should mean life.
"I’m still campaigning," he said. "My son doesn’t come back in 17 years, why should they get a second chance?"
Lord Justice Latham, sitting with Mr Justice Grigson and Mr Justice Macduff, heard that Towers wanted leave to appeal against his conviction on the basis that he did not participate in the attack until after the fatal stabbing.
Towers, formerly of Fell Road, Sunderland, was detained at Her Majesty’s pleasure with a minimum term of 13 years after being found jointly guilty of the murder.
Ben Nolan QC, defending Towers, said the judge’s direction to the jury on the point of participation was insufficient.
But Mr Justice Grigson said the judge’s summing up would have left the jury in no doubt.
"The renewed application for leave to appeal against conviction by Towers is consequently dismissed," he said.
Tony Hawkes, formerly of Mortimer Street, Sunderland, was detained at Her Majesty’s pleasure with a minimum term of 16 years and Dean Curtis, formerly of Forest Road, Sunderland, was jailed for life with a minimum term of 17 years. Barristers argued that, when sentencing their clients, Judge David Hodson set too high a starting point.
They submitted he put too much weight on the aggravating feature of carrying and using knives and did not have sufficient regard for the mitigating factors of the lack of premeditation and the lack of intent to kill.
But Mr Justice Grigson also dismissed their appeals.
