R v Moeez Bangash & Anor

R v Moeez Bangash & Anor

The trial judge was entitled to find both appellants played intrinsic roles in a meticulously planned, violent group attack, justifying category A culpability and findings of dangerousness. However, the judge erred by double-counting aggravating features, resulting in manifestly excessive sentences. The minimum term for Bangash is reduced to 12 years and Makengo's custodial term to 14 years with a 4-year extended licence.

Parties
Prosecutor: Rex; Appellant: Moeez Bangash; Appellant: Jonathan Makengo
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeals allowed in part; sentences reduced
Legal Topics
Manslaughter, Sentencing, Dangerousness, Extended Sentence, Discretionary Life Sentence, Culpability Categorisation
Criminal Law Manslaughter Sentencing Dangerousness Extended Sentence Discretionary Life Sentence Culpability Categorisation

Case Brief

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Parties

Rex

Prosecutor

Moeez Bangash

Appellant

Jonathan Makengo

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

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

Ratio Decidendi

The trial judge was entitled to find both appellants played intrinsic roles in a meticulously planned, violent group attack, justifying category A culpability and findings of dangerousness. However, the judge erred by double-counting aggravating features, resulting in manifestly excessive sentences. The minimum term for Bangash is reduced to 12 years and Makengo's custodial term to 14 years with a 4-year extended licence.

Court Disposition

appeals allowed in part; sentences reduced

Orders

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