R v Joshua Kerr
[2023] EWCA Crim 212
R v Alfie Ferguson & Ors
30 November 2023
[2023] EWCA Crim 1569
Court of Appeal
Four young men were convicted of murder. They appealed their sentences. The court reviewed the sentences, considering their ages and roles in the crime. The court decided the sentences were fair and dismissed the appeals.
Key Facts
- •17-year-old Bubacar Jabbie was stabbed to death on October 23, 2020, in Walthamstow.
- •Four young men (three aged 17, one aged 18) were convicted of murder on the basis of joint enterprise.
- •The appellants were members of the Higham Hill/Priory Court Boys gang, involved in a planned "ride-out" to rival gang territory.
- •The attack was planned, involving efforts to avoid CCTV and a change of clothes afterwards.
- •Ferguson inflicted the fatal stab wound; Bartley was close by; Benitez and Decordova were further away but involved in the plan.
- •The appellants provided "no comment" interviews.
Legal Principles
Sentencing of young offenders prioritizes rehabilitation and welfare, not solely punishment.
Schedule 21 of the Sentencing Act 2020; R v Karolia [2021] EWCA Crim 1839; R v Meanley [2022] EWCA Crim 1065; R v ZA [2023] EWCA Crim 596; R v Clarke 2018 EWCA Crim 185
Youth is a significant mitigating factor, already considered in the lower starting point for young offenders (12 years vs. 25 years for adults).
Schedule 21 of the Sentencing Act 2020; Youth guideline
Lack of remorse is not, in itself, a statutory aggravating factor.
Case law interpretation
Disparity in sentences between young offenders of similar ages should fairly reflect age differences.
Attorney General's References (Nos. 143 and 144) Brown and Carty [2007] EWCA Crim 1245
Taking a knife to the scene is a significant aggravating factor.
Case law interpretation
Outcomes
Appeals dismissed.
The court found the minimum terms imposed were not manifestly excessive or wrong in principle, considering the aggravating and mitigating factors for each appellant.
Ferguson's sentence (22 years) upheld.
The court acknowledged the significant aggravating factors (stabbing, planning, lack of remorse) and found the sentence within the reasonable range, considering his youth and the lack of intention to kill.
Bartley's sentence (19 years) upheld.
The court rejected the argument about additional mitigating evidence (trafficking) not presented at trial. The court considered his culpability high due to his presence and preparedness during the attack.
Benitez's sentence (17 years) upheld.
The court found the judge fairly considered his lesser role (lookout) and mitigating factors (youth, background).
Decordova's sentence (20 years) upheld.
The court acknowledged his slightly older age than the other youths but emphasized his central role in the planned attack.