Source: All England Reporter
Publisher Citation: [2009] All ER (D) 154 (Aug)
Neutral Citation: [2009] EWCA Crim 1775
Court: Court of Appeal, Criminal Division

Hooper, Etherton LJJ and Cranston J

Representation Jeremy Benson QC for Y
  Michael Turner QC for BR.
  Zarif Khan for JB.
  Christopher Sallon QC for MW.
  David Spens QC for TD.
  Sir Allan Green QC and Jacob Hallam for the Crown.
Judgment Dates: 20 August 2009


Sentence - Custodial sentence - Custodial sentence longer than that commensurate with seriousness of offence - Defendants chasing deceased - Unknown principal stabbing and killing deceased - Second and fifth defendants convicted of murder - Other defendants convicted of manslaughter - Sentencing judge finding premeditation present - Whether finding of premeditation justified - Whether judge sentencing on incorrect basis.

The Case

Sentence Custodial sentence. Court of Appeal, Criminal Division: In the case of a prolonged group attack on the deceased by five defendants, the sentencing judge's finding that it could not be said that the attack had been premeditated was unjustified and the sentences would be reduced accordingly.

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