Odegbune & Ors v R. [2013] EWCA Crim 711 (15 May 2013)

Odegbune & Ors v R. [2013] EWCA Crim 711 (15 May 2013)

The sentences for murder, manslaughter, and conspiracy to cause grievous bodily harm were generally appropriate given the seriousness, planning, and use of weapons, but the minimum term for Odegbune was reduced to 16 years as his intention to kill was not established, and the sentences for Richards and Amoah for conspiracy were reduced to 5½ years to reflect their more limited involvement.

Citation
[2013] EWCA Crim 711
Parties
Appellant: Samson Odegbune; Appellant: Tyrone Richards; Appellant: Enoch Charles Amoah; Appellant: Adonis Junior Akra; Appellant: Christopher Omoregi; Appellant: Femi Oderinwale; Appellant: Obi Nwokeh; Appellant: Samuel Junior Roberts; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
15 May 2013
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeals of Odegbune, Richards, and Amoah allowed in part; other applications refused.
Legal Topics
Sentencing, Murder, Manslaughter, Conspiracy to Cause Grievous Bodily Harm, Violent Disorder, Joint Enterprise, Youth Offenders, Use of Weapons
Criminal Law Sentencing Murder Manslaughter Conspiracy to Cause Grievous Bodily Harm Violent Disorder Joint Enterprise Youth Offenders +1 more

Case Brief

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Parties

Samson Odegbune

Appellant

Tyrone Richards

Appellant

Enoch Charles Amoah

Appellant

Adonis Junior Akra

Appellant

Christopher Omoregi

Appellant

Femi Oderinwale

Appellant

Obi Nwokeh

Appellant

Samuel Junior Roberts

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed for murder, manslaughter, and conspiracy to cause grievous bodily harm were manifestly excessive or wrong in principle, particularly in light of the offenders' ages, roles, and the legislative changes regarding knife crime.

Ratio Decidendi

The sentences for murder, manslaughter, and conspiracy to cause grievous bodily harm were generally appropriate given the seriousness, planning, and use of weapons, but the minimum term for Odegbune was reduced to 16 years as his intention to kill was not established, and the sentences for Richards and Amoah for conspiracy were reduced to 5½ years to reflect their more limited involvement.

Court Disposition

Appeals of Odegbune, Richards, and Amoah allowed in part; other applications refused.

Orders

  • Odegbune: minimum term for detention at Her Majesty's pleasure reduced from 18 to 16 years.
  • Richards: sentence of 7 years quashed and replaced with 5.5 years detention under s.91 of the Powers of Criminal Courts (Sentencing) Act 2000.