BGI & Anor, R. v [2024] EWCA Crim 1591 (19 December 2024)

BGI & Anor, R. v [2024] EWCA Crim 1591 (19 December 2024)

The minimum terms imposed were unduly lenient because the statutory starting point for offenders aged 14 and under must be adjusted to reflect the actual age and circumstances of the offenders, and the judge's downward adjustment was excessive. The appropriate minimum term for each offender, after considering aggravating and mitigating factors, should have been 10 years less time on remand, resulting in a substituted minimum term of 9 years 50 days for each.

Citation
[2024] EWCA Crim 1591
Parties
Appellant: Rex; First Respondent: BGI; Second Respondent: CMB
Jurisdiction
England and Wales
Judgment Date
19 December 2024
Procedural Posture
Criminal Appeal / Application for Leave to Refer Sentence as Unduly Lenient
Outcome
appeal allowed; sentences quashed and substituted
Legal Topics
Murder, Sentencing of Children, Minimum Term, Unduly Lenient Sentence, Joint Enterprise, Bladed Article
Criminal Law Sentencing Murder Sentencing of Children Minimum Term Unduly Lenient Sentence Joint Enterprise Bladed Article

Case Brief

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Parties

Rex

Appellant

BGI

First Respondent

CMB

Second Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Refer Sentence as Unduly Lenient

Legal Issues

  1. 1 Whether the minimum terms imposed for murder on two 12-year-old offenders were unduly lenient
  2. 2 Proper application of Schedule 21, paragraph 5A of the Sentencing Code to child offenders
  3. 3 Role of aggravating and mitigating factors in adjusting the statutory starting point for minimum terms

Ratio Decidendi

The minimum terms imposed were unduly lenient because the statutory starting point for offenders aged 14 and under must be adjusted to reflect the actual age and circumstances of the offenders, and the judge's downward adjustment was excessive. The appropriate minimum term for each offender, after considering aggravating and mitigating factors, should have been 10 years less time on remand, resulting in a substituted minimum term of 9 years 50 days for each.

Court Disposition

appeal allowed; sentences quashed and substituted

Orders

  • Minimum terms of 8 years 6 months quashed for both offenders
  • Substituted minimum term of 9 years 50 days for each offender, accounting for time on remand