R v Francesco Raji & Anor.
[2022] EWCA Crim 1594
R v Brikel Palaj & Ors
19 July 2023
[2023] EWCA Crim 932
Court of Appeal
Three men were convicted of murder and manslaughter after a violent gang fight. The government and one of the men argued the sentences were too light. The appeals court disagreed, saying the judge fairly considered all the evidence and made a proper decision on sentencing.
Key Facts
- •Brikel Palaj (33), Radian Lika (36) convicted of murder, Nikola Palaj (29) of manslaughter.
- •Offenders were part of a group attempting to steal cannabis from a rival group (Group A).
- •Confrontation ensued; the deceased was stabbed 12 times.
- •Brikel and Radian obtained knives from a supermarket before the altercation.
- •The judge found elements of self-defense but also excessive force.
- •Brikel and Radian received life sentences with 20-year minimum terms; Nikola received 5 years.
- •The Solicitor General challenged the sentences as unduly lenient.
- •Brikel Palaj also appealed his sentence.
Legal Principles
Sentencing guidelines for murder and manslaughter.
Sentencing Act 2020, Schedule 21; Offence-specific guidelines.
Standard of review for appellate courts on sentencing appeals.
Court of Appeal precedent.
Considerations in sentencing, including organized criminal activity, public impact, and self-defense.
Common law principles of sentencing.
Outcomes
Solicitor General's application to refer sentences refused.
Judge's findings of fact were sound and consistent with jury verdicts; consideration of aggravating and mitigating factors was appropriate.
Brikel Palaj's appeal against sentence refused.
Judge properly considered self-defense and other factors in mitigation.