Bangash & Anor, R. v [2023] EWCA Crim 1149 (12 October 2023)

Bangash & Anor, R. v [2023] EWCA Crim 1149 (12 October 2023)

The sentencing judge was entitled to find both appellants played intrinsic roles in a highly organised, premeditated revenge attack, justifying category A culpability and findings of dangerousness. However, the judge erred by double-counting aggravating features already inherent in category A, resulting in manifestly excessive sentences. The minimum term for Bangash and the custodial/extended terms for Makengo were reduced accordingly.

Citation
[2023] EWCA Crim 1149
Parties
Prosecution: Rex; Appellant: Moeez Bangash; Appellant: Jonathan Makengo
Jurisdiction
England and Wales
Judgment Date
12 October 2023
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeals allowed in part; sentences reduced.
Legal Topics
Manslaughter, Sentencing, Dangerousness, Appeal Against Sentence, Joint Enterprise, Extended Sentence, Life Sentence
Criminal Law Manslaughter Sentencing Dangerousness Appeal Against Sentence Joint Enterprise Extended Sentence Life Sentence

Case Brief

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Parties

Rex

Prosecution

Moeez Bangash

Appellant

Jonathan Makengo

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in categorising culpability as very high (category A) under the Manslaughter Guideline.
  2. 2 Whether the sentencing judge erred in finding the appellants dangerous and imposing a discretionary life sentence (Bangash) and an extended sentence (Makengo) without submissions or pre-sentence reports.
  3. 3 Whether the sentences imposed were manifestly excessive.

Ratio Decidendi

The sentencing judge was entitled to find both appellants played intrinsic roles in a highly organised, premeditated revenge attack, justifying category A culpability and findings of dangerousness. However, the judge erred by double-counting aggravating features already inherent in category A, resulting in manifestly excessive sentences. The minimum term for Bangash and the custodial/extended terms for Makengo were reduced accordingly.

Court Disposition

Appeals allowed in part; sentences reduced.

Orders

  • For Bangash: Sentence of life imprisonment with minimum term of 14 years quashed and substituted with life imprisonment with minimum term of 12 years.
  • For Makengo: Extended sentence of 21 years (16 years custodial, 5 years extended licence) quashed and substituted with extended sentence of 18 years (14 years custodial, 4 years extended licence).