Murderer appeals sentence
A man jailed for life after stabbing his partner multiple times in “a murderous rage” has appealed his sentence.
Anthony Davis was sentenced to a minimum of 23 years behind bars in March after pleading guilty to the 2021 murder of Morissa Moniz.
At a pre-sentencing hearing, prosecutors pressed for a jail term of between 25 and 30 years, while Elizabeth Christopher, his lawyer, had asked for a term of 21 years.
In the Court of Appeal yesterday, Mark Pettingill — who had been appointed by the court to represent Davis — questioned if the sentencing judge had taken into account the role alcohol had played in the murder.
Mr Pettingill said that, at a pre-sentencing hearing, the Crown made reference to the fact that Davis had consumed alcohol on the night of the killing. He argued that it was therefore possible that Puisne Judge Shade Subair-Williams may have considered this an aggravating factor when she sentenced Davis.
“There’s a risk that it was taken into account because of the manner in which it was put forward by the Crown,” Mr Pettingill said.
The Appeal Court judges questioned that argument, noting that Mrs Justice Subair Williams made no reference to Davis’s state of intoxication — either as an aggravating factor or mitigating factor — when sentencing him.
Justice of Appeal Geoffrey Bell said: “That would appear that she didn’t treat it as an aggravating factor. It means that she didn’t regard it as an influencing factor — she regarded it as neutral.”
Mr Pettingill continued saying: “I don’t think it is enough to say that, because the learned judge didn’t mention it, ergo it’s neutral.”
But Mr Justice Bell replied: “I think we have established that the judge didn’t pay any regard to it.”
Cindy Clarke, the Director of Public Prosecutions, agreed.
She said: “It was agreed that there was a certain amount that they had drunk, but we didn’t agree on what the level of intoxication was, so it wasn’t run as a defence.
“It is clear that the sentencing judge did not consider the influence of alcohol or intoxication as either mitigating or aggravating.”
Sir Christopher Clarke, the President of the Court of Appeal, said that a ruling would be issued at a later date.
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