R v Moeez Bangash & Anor
[2023] EWCA Crim 1149
R v Francesco Raji & Anor.
29 November 2022
[2022] EWCA Crim 1594
Court of Appeal
Two guys were involved in a gang fight where someone died. One was convicted of murder, the other of manslaughter. They appealed their sentences, but the court said the judge was fair and the sentences were okay given how serious the crime was.
Key Facts
- •Francesco Raji (born 19/05/2002) and Mohammed Al-Jaf (born 01/01/2001) appealed against their sentences for involvement in the murder of John Soyoye.
- •Raji was convicted of murder and violent disorder, Al-Jaf of manslaughter and violent disorder.
- •The murder stemmed from a revenge attack by the RTD gang on the Forty gang following an earlier attack on Raji's brother.
- •Multiple defendants were involved, with varying levels of participation and culpability.
- •Raji was the first to attack Soyoye in the final fatal assault.
- •Al-Jaf participated in the attack using a metal pole, striking Soyoye three times.
- •The judge found no significant difference in culpability between primary and secondary parties in Raji's case.
- •The judge found Al-Jaf to be a dangerous offender.
Legal Principles
Assessment of culpability for primary and secondary parties in murder is fact-specific.
R v Semesu [2021] EWCA Crim 513 and R v Owusu [2022] EWCA Crim 1352
Sentencing guidelines for unlawful act manslaughter, including culpability categories (C, B) and starting points.
Sentencing guidelines for unlawful act manslaughter
Consideration of statutory aggravating factors (previous convictions, offences while on bail, use of weapons, gang involvement) in sentencing.
Sentencing Act 2020, Schedule 21
The age of the defendant is a mitigating factor but turning 18 is not a cliff edge.
None explicitly stated, but implied throughout the judgment.
Outcomes
Raji's appeal dismissed.
The judge's assessment of Raji's role and the discount for age were not considered manifestly excessive or erroneous.
Al-Jaf's appeal dismissed.
The finding of dangerousness and the length of sentence were deemed justified given the facts and the judge's assessment of culpability and aggravating factors.