R v Alfie Ferguson & Ors

R v Alfie Ferguson & Ors

The minimum terms imposed were not manifestly excessive or wrong in principle given the seriousness of the offence, the roles played by each appellant, and the aggravating and mitigating factors. The judge erred in treating lack of remorse as an aggravating factor, but this did not materially affect the sentences. Disparity in sentences was justified by differences in age and roles.

Parties
Prosecution: Rex; Appellant: Alfie Ferguson; Appellant: Kaiyan Decordova; Appellant: Samuel Bartley; Appellant: Jamal Dakissaga-Benitez
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeals dismissed
Legal Topics
Murder, Joint Enterprise, Sentencing, Youth Offenders, Minimum Term, Aggravating and Mitigating Factors, Disparity in Sentencing
Criminal Law Murder Joint Enterprise Sentencing Youth Offenders Minimum Term Aggravating and Mitigating Factors Disparity in Sentencing

Case Brief

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Parties

Rex

Prosecution

Alfie Ferguson

Appellant

Kaiyan Decordova

Appellant

Samuel Bartley

Appellant

Jamal Dakissaga-Benitez

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the minimum terms imposed on the appellants for murder were manifestly excessive or wrong in principle
  2. 2 Whether lack of remorse was wrongly treated as an aggravating factor
  3. 3 Whether sufficient weight was given to youth and mitigating factors

Ratio Decidendi

The minimum terms imposed were not manifestly excessive or wrong in principle given the seriousness of the offence, the roles played by each appellant, and the aggravating and mitigating factors. The judge erred in treating lack of remorse as an aggravating factor, but this did not materially affect the sentences. Disparity in sentences was justified by differences in age and roles.

Court Disposition

appeals dismissed

Orders

  • Extension of time granted to Benitez to appeal
  • Leave to appeal granted to Benitez