In the Court of Appeal Richard English KC and Rebecca Filletti successfully resist an application to increase the sentence imposed on a 14 year old boy following a murder trial

Richard English KC and Rebecca Filletti represented WGU a 14 year old boy who had been acquitted of murder (charged on the basis of  joint enterprise) 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 applied to refer the sentences imposed on WGU and two other  youths to the Court of Appeal under s36 of the Criminal Justice Act 1988, as they were it was argued, unduly lenient.

The Court of Appeal (May LJ, Singh J and HHJ Picton) refused leave having found that the sentences were not unduly lenient.

The Crown contended that WGU ought to have known that there was a high risk of death and that it was a Category B offence (12 year starting point for an adult) and not C (six year starting point) as the sentence judge had decided.

The Court accepted the submissions made on behalf of WGU: the judge had considered the proper level of culpability and had followed the Sentencing Council Children and Young Person’s Guideline, adjusting for aggravation and mitigation before making the appropriate reduction for age.  And said that adult sentence guidelines are only indirectly applicable to the sentencing of children and that, when considering those guidelines care must be taken not to apply the same standard to a child as would be appropriate for an adult; what ought to be obvious to an adult is not the same as what ought to obvious to a child.

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.