R v Aaron De Silva [2014] EWCA Crim 2616
The Court of Appeal considered the sentence for a 19 year old who pleaded guilty to the murder of an elderly man attacked in his own home during the course of a burglary. The Court of Appeal reduced the minimum term from 32 to 28 years due to his young age and “troubled childhood”.
Details
The victim was elderly and described as a much loved husband and father, the crime horrendous and senseless. The starting point was taken as 30 years as this was murder done for gain, the aggravating features were the offender’s record, the fact he had equipped himself with a knife, and the attack had been repeated and ferocious. This approach was not criticised but the Court of Appeal found that his age was “a significant factor in mitigating his culpability”.
“[Y]oung offenders are more likely to be impulsive, unthinking, and respond to situations with excessive and gratuitous force. Whilst his personality disorder does not diminish his culpability for his deliberate acts and use of deadly force, along with his youth it may explain his failure to have learned lessons from previous encounters with the law.” [paragraph 10]