R v Tyler John Hunt
[2024] EWCA Crim 629
R v Boe Barton
19 October 2023
[2023] EWCA Crim 1271
Court of Appeal
Two men, one older and one a teenager, murdered someone. The older man's long prison sentence was upheld, but the younger man's sentence was shortened because the judge didn't consider his tough life enough when deciding the punishment.
Key Facts
- •Boe Barton (aged 15 years 5 months at the time of the offence, 17 at sentencing) and Richard Sampson (aged 49 at the time of the offence, 50 at sentencing) murdered Anthony Sumner.
- •The murder was premeditated and involved an ambush, with both defendants wearing masks and disposing of weapons.
- •Sampson inflicted the majority of the blows, using a machete; Barton used a knife, inflicting fatal wounds.
- •Barton had a difficult upbringing, including exposure to violence, drug and alcohol misuse, and poor educational experiences. He was assessed as having learning difficulties and immaturity.
- •Sampson had a less significant criminal history.
- •Neither defendant intended to kill, but both intended to cause grievous bodily harm.
Legal Principles
Lack of intent to kill may mitigate sentence, but not always or necessarily.
R v Peters [2005] 2 Cr App R(S) 101
Sentencing of offenders aged 15 or 16 at the time of the offence for murder, considering the Sentencing Act 2020.
Schedule 21 to the Sentencing Act 2020
Outcomes
Sampson's appeal against sentence was refused.
The 28-year minimum term was not manifestly excessive given the aggravating factors (premeditation, ambush, brutality of the attack) which outweighed the mitigating factor of lack of intent to kill.
Barton's appeal against sentence was partially allowed; his minimum term was reduced from 18 to 16 years.
The court found that the judge hadn't given sufficient weight to Barton's youth, immaturity, difficult upbringing, vulnerability to Sampson's influence, and his low level of cognitive functioning. The brutality of the attack remained a significant aggravating factor.