R v Colin Reeves
[2023] EWCA Crim 384
R v Moeez Bangash & Anor
12 October 2023
[2023] EWCA Crim 1149
Court of Appeal
Two guys were involved in a planned revenge attack that resulted in a death. They were found guilty of manslaughter, not murder. The judge gave them long sentences but the appeals court decided the sentences were too harsh and reduced them because the judge had made a mistake in how she calculated the punishment.
Key Facts
- •Mohammed Usman Mirza (19) was killed in a pre-planned revenge attack.
- •The attack was in retaliation for a previous shooting of Atiq Rahemi.
- •Bangash and Makengo were acquitted of murder but convicted of manslaughter.
- •Bangash's role involved planning and coordinating Mirza's presence at the scene, acting as a double agent.
- •Makengo's role involved stealing vehicles, reconnaissance, and transporting others involved in the attack.
- •Both appellants were sentenced without pre-sentence reports.
- •The judge found both appellants to be dangerous.
- •Bangash received a life sentence with a minimum term of 14 years.
- •Makengo received an extended sentence of 21 years (16 years custody, 5 years extension).
Legal Principles
Sentencing for manslaughter under the Sentencing Act 2020.
Sentencing Act 2020
Imposition of discretionary life sentence or extended sentence if offender poses a significant risk of serious harm.
Sentencing Act 2020, Section 285
Sentencing Council’s Manslaughter Guideline.
Sentencing Council’s Manslaughter Guideline
Outcomes
Bangash's sentence reduced from life with a minimum term of 14 years to life with a minimum term of 12 years.
The court found that the judge had double-counted aggravating factors when determining the sentence, leading to an excessive increase in the starting point.
Makengo's sentence reduced from an extended sentence of 21 years to an extended sentence of 18 years (14 years custody, 4 years extension).
Similar to Bangash's case, the court found that the judge had double-counted aggravating factors resulting in an excessive increase in the starting point.