One-punch killer Lewis Gill's four-year sentence not unduly lenient, court rules
The 21-year-old knocked Asperger sufferer Andrew Young, 40, to the ground with a single blow
Wednesday 07 May 2014
A four-year sentence given to a man for the manslaughter of an Asperger's sufferer in an unprovoked attack in Bournemouth was not unduly lenient, leading judges have ruled.
Andrew Young, 40, died after being punched once by Lewis Gill on November 6 last year.
His sentence, imposed in February at Salisbury Crown Court, was referred to the Court of Appeal by Attorney General Dominic Grieve, who argued that it was not a proper reflection of the gravity of what Gill did.
But three judges in London decided there should not be any change to the four years being served by Gill, 21, of Sutton in south London, who admitted manslaughter.
The incident happened outside a Tesco Metro store in Charminster Road after the victim had challenged a cyclist who was riding his bike on the pavement.
Graphic design student Gill, described as a “powerfully built young man” who had previously trained as a boxer, punched Mr Young in the face, causing him to fall backwards, hitting his head.
He suffered a fractured skull and died the next day in Southampton Hospital.
Lord Justice Treacy, announcing the decision of the court, said: “We have concluded that the sentence imposed below is not one which can be described as unduly lenient.
”Indeed, it seems to us that the sentence imposed was one within the reasonable range available to the trial judge, properly weighing the relevant factors and the guidance of this court.“
In February, Gill was given a further six months - three for handling stolen goods and another three for committing an offence during the operational period of a suspended sentence.
Lord Justice Treacy said: ”We readily understand that this is the sort of case that arouses public concern.
“If there are public concerns going beyond this case then it may well be appropriate for the wider issue to be the subject of detailed consideration and consultation by the Sentencing Council in the future.
”It is open to the Secretary of State for Justice or other interested bodies to invite the Sentencing Council to do so.“
During the hearing, Mr Grieve outlined a number of ”aggravating factors“ in the case.
He said the victim was vulnerable because he suffered from Asperger's syndrome, telling the court: ”It is accepted that the offender had no means of knowing the detail of the victim's condition, but it was clear from the victim's unusual behaviour, as seen on the CCTV, that he was vulnerable.“
The punch was delivered with deliberation in a place where a ”great many“ members of the public were present.
Mitigating factors included a guilty plea at an early stage, the expression of remorse, Gill's relatively young age, and the fact that the offence was not planned or premeditated.
Italian police 'reveal' what Jesus looked like as a young boy
Mysterious 'X-Files' sounds heard miles above the Earth
Garland shooting: Isis claims attack on Prophet Mohamed cartoon contest in Texas as its first action on US soil
Met Gala 2015: Beyoncé manages to out-skimp Rihanna, Miley and Kim Kardashian combined with near-naked ensemble
General Election 2015: Photographic history of Bullingdon Club tracked down - including new picture of David Cameron in his finery
In defence of liberal democracy
The Rothschild Libel: Why has it taken 200 years for an anti-Semitic slur that emerged from the Battle of Waterloo to be dismissed?
General Election 2015: UK will be 'run for the wealthy and powerful' if Tories retain power, Labour warns
General election live: SNP suspends two members for disrupting Labour rally
Schools forced to act as 'miniature welfare states' with teachers buying underwear and even haircuts for poor pupils
Andy McSmith's Sketch: Feisty audience is the real star of an enlightening show
- 2 General Election 2015: 14-year-old boy asks Nick Clegg – 'can you kill Katie Hopkins?'
- 3 University student in court for allegedly covering housemates' food in window cleaner and spit
- 4 Ryan Gosling posts tribute to 'Ryan Gosling Won't Eat His Cereal' creator Ryan McHenry