Several dangerous criminals have had their prison sentences extended after being judged too lenient by the Court of Appeal.
Earlier this week dangerous driver John Frazer Yates, who killed a dad-to-be, had his prison sentence extended after his case was referred to the Court of Appeal. Yates had been driving 128mph in a 50mph zone when he hit another car before fleeing the scene.
The Unduly Lenient Scheme allows the Attorney General to consider the extension of cases heard in the Crown Court. Anyone can ask the Attorney General to consider whether the sentence should be referred to the Court of Appeal as being unduly lenient, including a victim, a relative of a victim or even a member of the public.
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If the case is sent to the Court of Appeal and found to be unduly lenient then a sentence can be increased. The Court of Appeal will only find a sentence unduly lenient if it falls outside the range of sentences which the judge, applying their mind to all relevant factors, could reasonably consider appropriate.
The scheme was established in the Criminal Justice Act 1988 and came into force the following year. The purpose of the scheme is to correct gross errors.
Last month the ECHO reported how child killer Thomas Cashman's 42-year sentence was referred to the Attorney General's Office for being unduly lenient. But there have already been a number of cases, first heard in the local Crown Courts, that have since been sent on to the Court of Appeal and increased.
Here are several of the most notable cases here in Merseyside.
John Frazer Yates
Yates, 28, of no fixed abode but from North Wales, had his original prison term quashed and will now serve 11 years and three months after the Court of Appeal determined his initially sentence was unduly lenient. The court heard how after midnight on November 15 last year, Yates was travelling northbound on the M6, between junction 20 and 21.
Temporary roadworks, which had a speed limit of 50mph, forced Yates to move into a single lane of traffic. But due to the excessive speed Yates was travelling at, which experts calculated to be 128mph, he crashed with a vehicle driven by a third party before hitting the car of St Helens-man Christopher Smith.
Yates got out of his car and fled the scene, leaving Mr Smith for dead. He was arrested several hours later and refused to provide his details or a breath sample. Once Yates was taken to the hospital, he failed to provide a blood sample.
Yates pleaded guilty to causing death by dangerous driving and failing to provide a sample. He was sentenced to eight years and three months at Chester Crown Court on January 20. Yates was also banned from driving for 12 and half years.
His sentence was referred to the Court of Appeal for being unduly lenient and on Thursday, April 20, the court increased Yates sentence to 11 years and three months.
The Solicitor General, Michael Tomlinson KC MP, said: "John Frazer Yates was travelling at dangerously excessive speeds and through his reckless actions caused the tragic death of another motorist. The offence was aggravated by him callously fleeing the scene not thinking he would be picked up by the CCTV cameras.
"I would like to express my heartfelt condolences to Christopher Smith’s family and I welcome the court’s decision to extend Yates’ sentence in what were truly tragic circumstances."
Mr Smith's family said he was devoted to his partner Mandy who he was expecting his first child with. His family added: "Christopher was very close to his family, and nothing was ever too much trouble for him in regard to his friends. He loved to spend time with Mandy and working to provide for her, and also enjoyed watching and playing football. Christopher will always be remembered for his great sense of humour."
READ IN FULL HERE.
James Yates
One of the most notorious cases of the unduly lenient scheme in Merseyside was when the man who armed child murderer Sean Mercer had five years added to his sentence. Gang member James Yates was initially jailed for seven years back in 2009 for supplying the gun to Mercer that he used to shoot 11-year-old Rhys Jones. He also helped Mercer cover his tracks.
But the Solicitor-General Vera Baird KC called for a review of the “unduly lenient” tariff in light of outrage from Rhys’ parents. And several months later judges at the Court of Appeal agreed and extended the thug's sentence to 12 years.
Rhys' dad Stephen told the ECHO at the end of the court proceedings that "when they said it was an extra five years, it was relief and smiles all round". The 11-year-old's mum Melanie added: "It is such an ordeal...hopefully we will be able to move on and remember all the good times we had with Rhys."
Rhys was shot dead by Mercer as he walked home from football practice in Croxteth Park in August 2007. Croxteth Crew member Mercer, who was 16 at the time he pulled the trigger, was convicted of murder after an 11-week trial in 2008.
Mercer remains in prison after being given a life sentence with a minimum of 22 years, but Yates, now in his 30s, was freed in 2020 and could even return to the Croxteth area.
READ IN FULL HERE.
Joshua Kehoe and George Harper
Security guards Joshua Kehoe (also known as Yates) and George Harper terrorised an 18th birthday party at the Manor Farm Pub, Rainhill in May 2021. After being accused of rifling through a teenage barmaid's bag, the thugs launched a vicious, prolonged attack on multiple victims which included kicking an unconscious man in the head.
Staff and customers at the pub suffered a litany of injuries, including landlord John Lunt who suffered a fractured skull, nose and left cheekbone. Mr Lunt had bravely tried to draw the rampaging thugs away from the younger staff by saying "leave the kids alone".
Former boxer Kehoe was originally jailed for four years and Harper for two years and eight months. However the case was referred to the Court of Appeal under the unduly lenient scheme. In a written judgement, Lord Justice Singh, who presided over the appeal, said "the violence shown (on the CCTV) would shock any reasonable person."
The Solicitor General's office argued that the original sentence, passed in Liverpool Crown Court, had "not addressed the issue of dangerousness at all". Judge Singh concluded: "We have reached the conclusion that the sentences passed in this troubling case were unduly lenient.
"We have also reached the conclusion that in the case of Kehoe a finding should have been made that he is a dangerous offender and an extended sentence imposed on him in order to protect the public."
The original jail terms were quashed, with Kehoe handed an extended sentence of eight years with an additional four on licence. Harper's sentence was also almost doubled to five years and four months, although he will be automatically released on licence at the half-way stage.
READ IN FULL HERE.
Mark Rooney
Serial woman beater Mark Rooney made the lives of two women a misery until he was arrested for knocking the second woman out cold. The thug was jailed for 42 weeks back in October of last year, but the sentence was referred to the Court of Appeal under the scheme.
During the original sentencing the court heard how he threatened his first victim, posted sexual images of her online, physically assaulted her and called her a "grass". Rooney pleaded guilty to charges relating to this abuse and was released on bail ahead of sentencing.
But in this time Rooney rekindled a relationship with a former partner, who he also subjected to horrific abuse. He told her "I would burn your face with the barbeque," threw a can of beer at her before hitting her in the face with her own phone.
The thug, described as suffering with mental health issues and having "significant cocaine issues", originally admitted two counts of harassment, threatening to disclose private sexual photographs, disclosing private sexual photographs and assault occasioning actual bodily harm.
According to the Attorney General's office, the Court of Appeal ruled that the sentence was indeed too short and quashed it. The judges re-sentenced Rooney to 74 weeks in prison.
Speaking after the hearing, the Solicitor General Michael Tomlinson MP said: "Mark Rooney displayed shameful behaviour and put both of the victims through a terrifying ordeal. I hope the decision to imprison him for longer sends the message that such vile abusive actions will never be tolerated."
READ IN FULL HERE.
Jordan Davidson
Violent thug Jordan Davidson brutally murdered 67-year-old Nicholas Churton in a Wrexham flat, attacking him with a hammer and machete. While being held on remand at HMP Altcourse in Liverpool, Davidson then attacked prison guard Ian Moglione, slashing his throat with a razor blade as the culmination of a five year old grudge.
Davidson had previously embarked on a spree of violent crime across north Wales and was jailed in November 2017 for at least 23 years and four months for the brutal murder of retired restaurant owner Mr Churton. The drug user had pleaded guilty to a string of other serious offences including grievous bodily harm and two robberies.
But he was hauled back before a court where top judges ruled his sentence was "unduly lenient". Watching via a video link from Manchester Prison, the killer smirked as Lady Justice Rafferty upped his punishment to 30 years. Had the previous minimum term stood, the judge said Davidson would have effectively got off unpunished for the other offences.
The case reached the Court of Appeal after a reference by Solicitor General Rocket Buckland KC on the grounds the original sentence was too soft. Increasing the term Lady Justice Rafferty told the Court of Appeal the other offences would have justified a 16 year sentence by themselves.
She said the minimum term imposed at Crown Court was "far too low" and added: "The overall minimum term had to be increased significantly so as to mark the total offending. We quash the minimum term and substitute for it a term of 30 years."
Davidson will only be freed after serving his minimum term if the Parole Board is convinced he is no longer a public danger.
READ IN FULL HERE.
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