Richard English KC and Rebecca Filletti defeat AG’s Reference Appeal which followed 8 week youth murder trial

Richard English KC and Rebecca Filletti acted for Boy C, (WGU). He had been acquitted of murder but convicted of manslaughter following an 8 week trial at Manchester Crown Court before Mr Justice Bright. He was sentenced to 2 years and 4 months’ detention.

Details of the trial can be found here.

The Solicitor General sought to refer the sentences imposed on all three youths to the Court of Appeal under sections 35 and 36 of the Criminal Justice Act 1988, arguing that they were unduly lenient.

The Court of Appeal held that none of the sentences were unduly lenient and refused leave.

The application centred on sentencing principles for children and young people, including how culpability should be assessed where adult manslaughter guidelines are considered.

For WGU, the Solicitor General argued that the manslaughter guidelines showed it should have been obvious that the unlawful act carried a high risk of death or grievous bodily harm, placing the case in a higher culpability category.

On behalf of WGU, it was submitted that while the manslaughter guidelines were relevant, the proper framework was the Sentencing Children and Young People Guideline, which the judge had correctly applied.

It was further submitted that the manslaughter guidelines are directed at adult offenders: what may be obvious to an adult is not necessarily obvious to a child. The Court of Appeal accepted that submission.

The judgment is available here.

Media coverage relating to the appeal can be found here.

For more information, or to instruct Richard English KC or Rebecca Filletti, please contact Director of Clerking, David Wright.