202303010 B2 - [2025] EWCA Crim 1379

On 21 July 2023 the appellant was convicted after trial of murdering Rico Burton and wounding Harvey Reilly with intent to cause him grievous bodily harm on 21 August 2022. He had pleaded guilty earlier to having a bladed article and the possession of three wraps of the class A drug of cocaine.

On 4 August 2023 when he was approaching 23 years old the appellant was sentenced to life imprisonment with a minimum term of 28 years for the murder with a concurrent sentence of 12 years for wounding with intent, a 2 year concurrent sentence for having a bladed article and no separate penalty was imposed for the drug offence.

The appellant appeals against sentence with the leave of the full court on the single ground that it was arguable that the judge erred by failing to take sufficient account of the appellant’s age and level of maturity resulting in a manifestly excessive sentence. At the end of the hearing, we announced our decision that the appeal would be dismissed with reasons to follow. These are our reasons.

On the evening of 20 August 2022, going into the early hours of the next day the appellant had been taking cocaine and drinking in various bars in and around Goose Green in Altrincham, Manchester. Goose Green is a small courtyard in Altrincham that contains a number of bars. He had a lock knife with him throughout the evening. Sometime between 9 and 10pm he was denied re-entry to Tiki’s Bar in Goose Green where he had been earlier and told the head doorman that he would be back and cause him an issue. He went back to Goose Green sometime before 3am. Mr Burton was already present with a group of friends and family, as was Mr Reilly with his friends. The appellant was not known to any of them.

At around 2.50 am, the appellant tried to enter the King Pong bar but was told nobody else was allowed in due to a previous, unrelated incident. The appellant reacted aggressively to this and made threats to the manager and continued to try to gain entry. At one point he managed to push his way in past the barrier and was then punched by a customer and dumped over the barrier at around at 2.55 am. A few seconds later he got back in and was looking for something on the floor and shouting that he had lost his phone. Mr Burton and his cousin, Chasiah were stood in the doorway as he did so and Mr Burton helped the appellant to find his phone. The appellant was escorted out at 2.57 am.

He immediately attempted to enter the premises again. A friend of the appellant, Malachi Hewitt-Brown, became involved and they were both asking about the appellant’s telephone. The appellant was aggressive and had to be physically restrained by a member of door staff. A melee ensued. The appellant then removed a lock knife from his pocket or belt and exposed the blade. Mr Hewitt-Brown made his way towards Mr Burton and Chasiah, and was punched twice to the head by Chasiah. The appellant moved forward and delivered a blow to the left side of Mr Burton’s neck. He stabbed him causing a 2 centimetre laceration to the neck which was almost vertical in orientation and 6 centimetres in depth described as deeply penetrating. He had almost completely divided Mr Burton’s left carotid artery of neck. The injury led to massive, fatal haemorrhage.

The appellant was then punched to the head by another person. Mr Reilly moved towards the appellant, who was bent over indiscriminately waving the knife around. The appellant slashed Mr Reilly twice; once to the arm and once to the abdomen. He caused a large 14 centimetre gaping wound to the left anterior chest wall which exposed his ribs and a large wound to the flexor aspect of his left arm.

The appellant was arrested at the scene and described as intoxicated. 15 hours after the incident cannabis, cocaine, ketamine and their metabolites were detected in his blood and urine and alcohol in his urine. Three wraps of cocaine were found in his pocket.

The appellant had 5 convictions for 10 offences between 24/04/2017 and 06/03/2023. These included possession of a bladed article for which he received a 4 month Detention and Training Order on 11/04/2019. There were also convictions for simple possession of controlled drugs.