Barton & Anor, R. v [2023] EWCA Crim 1271 (19 October 2023)

Barton & Anor, R. v [2023] EWCA Crim 1271 (19 October 2023)

The minimum term imposed on Barton was manifestly excessive because insufficient weight was given to his young age, immaturity, cognitive deficits, upbringing, and the influence of the older co-defendant; the minimum term should be reduced from 18 to 16 years. The minimum term imposed on Sampson was not manifestly excessive given the aggravating features and his intent falling just short of intent to kill.

Citation
[2023] EWCA Crim 1271
Parties
Prosecution: Rex; Appellant: Boe Barton; Applicant: Richard Sampson
Jurisdiction
England and Wales
Judgment Date
19 October 2023
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Sentence
Outcome
Barton: appeal allowed in part; minimum term reduced to 16 years. Sampson: renewed application for leave to appeal refused.
Legal Topics
Murder, Sentencing, Minimum Term, Youth Offenders, Mitigation, Aggravating Factors
Criminal Law Murder Sentencing Minimum Term Youth Offenders Mitigation Aggravating Factors

Case Brief

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Parties

Rex

Prosecution

Boe Barton

Appellant

Richard Sampson

Applicant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Sentence

Legal Issues

  1. 1 Whether the minimum term imposed on Barton was manifestly excessive given his age, immaturity, cognitive ability, and role in the offence
  2. 2 Whether the minimum term imposed on Sampson was manifestly excessive given lack of intent to kill

Ratio Decidendi

The minimum term imposed on Barton was manifestly excessive because insufficient weight was given to his young age, immaturity, cognitive deficits, upbringing, and the influence of the older co-defendant; the minimum term should be reduced from 18 to 16 years. The minimum term imposed on Sampson was not manifestly excessive given the aggravating features and his intent falling just short of intent to kill.

Court Disposition

Barton: appeal allowed in part; minimum term reduced to 16 years. Sampson: renewed application for leave to appeal refused.

Orders

  • Barton's minimum term reduced from 18 to 16 years, subject to deduction for time spent on remand.
  • Sampson's renewed application for leave to appeal sentence refused.