DM & SC [2019] EWCA Crim 1354

The appellants were aged 14 when convicted of murder and were detained at Her Majesty’s Pleasure with a minimum term of 14 years and 6 months for DM and 14 years for SC. There was a history between SC and the 18 year old victim, and DM was convicted of a violent disorder taking place the night before the murder. On the afternoon in question the victim and the appellants were armed with knives, they all returned to the scene of the incident and there was a short exchange of words before they all went out of sight of CCTV.  A confrontation of short duration took place and the victim was stabbed 7 times, one of the wounds proving fatal.

It was submitted that the judge did not give sufficient credit for the young age of the appellants, and, in the case of SC, to his previous good character.

Held: the factors requiring an increase above the starting point significantly outweighed those militating in favour of the reduction below it. The judge was faced with a difficult sentencing decision which had to balance the age of the offenders against the seriousness of the offence. The sentences were not manifestly excessive, and the distinction drawn between the two to reflect the additional count for DM adding 6 months, was justified.