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Young killers have appeal rejected

Murderers: Curtis Delima (left) and Mark Elliott will remain in jail for their full tariffs
Murderers: Curtis Delima (left) and Mark Elliott will remain in jail for their full tariffs

Two young men jailed for life for their part in kicking an innocent man to death have failed in appeals.

Mark Elliott, 21, of Sandpiper Road, Whitstable and his friend, 19-year-old Curtis Delima, of Regent Street in the town were convicted at Maidstone Crown Court in March of murdering Mark Witherall.

In April, Elliott was ordered to serve a minimum of 23 years before even being able to apply for release, while Delima received a minimum term of 20 years from the judge.

They challenged the lengths of those terms at the Court of Appeal in London - but had their cases rejected by judges, Lord Justice Hooper, Mr Justice McCombe and Mr Justice Wilkie.

Mr Witherall, 47, was left for dead after chasing the pair and a 16-year-old youth from his home when they burgled it in January, 2007.


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In advance of the appeal hearing, both youths put forward arguments that their minimum terms, or tariffs, should be reduced to allow them to apply for release sooner.

The attack had not been premeditated, death was not the intention and both were very young at the time, the judges were told.

But Lord Justice Hooper, dismissing the appeals, said: "It is not arguable that the two minimum terms were manifestly excessive."

The decision means both will have to serve the entirety of their tariffs before even being allowed to apply to the parole board for a review of their imprisonment.

They will only then be released if they are considered safe to live among the community and will remain on licence, subject to prison recall for the rest of their lives.

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