Caselaw Digest
Caselaw Digest

R v Osita Alagbaoso

13 December 2022
[2022] EWCA Crim 1685
Court of Appeal
A young man was sentenced to 20 years for murder and an additional sentence for a previous stabbing. The appeal court agreed that the sentences were fair, even though the stabbing was considered alongside the murder. The judge's decision was based on the serious nature of both crimes.

Key Facts

  • Appellant (20 years old, no prior convictions) pleaded guilty to wounding Kaseem Ibrahim with intent (section 18 Offences Against the Person Act) and was convicted of murdering Jamie McFarlane.
  • Offences stemmed from gang rivalry in Ashford, Kent.
  • Appellant, part of the 'No Plan B' gang, stabbed Ibrahim on January 25, 2020, and murdered McFarlane on March 14, 2020.
  • The murder involved the appellant using two knives, resulting in a fatal stab wound to McFarlane.
  • Appellant and co-defendants hid knives and disposed of evidence after the murder.
  • Appellant had a speech and language disorder and borderline cognitive function.

Legal Principles

Sentencing guidelines for wounding with intent.

Sentencing guidelines for wounding with intent

Sentencing guidelines for children and young persons.

Definitive Guideline for Sentencing Children and Young Persons

Principles of totality in sentencing.

Not explicitly stated, but implied

Outcomes

Appeal against sentence dismissed.

The judge's findings regarding premeditation and intent to kill were justified. While the 54-month sentence for wounding with intent was discussed, the court found the overall 20-year minimum term for murder, considering the totality of the offences, was not manifestly excessive.

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