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| Version 1 | Version 2 |
|---|---|
| Bhim Kohli: No sentence increase for dog walker's teenage killer | Bhim Kohli: No sentence increase for dog walker's teenage killer |
| (32 minutes later) | |
| Bhim Kohli, 80, died the day after he was attacked in the park | Bhim Kohli, 80, died the day after he was attacked in the park |
| A 15-year-old boy sentenced for the manslaughter of an 80-year-old man he racially abused and fatally attacked will not have his sentence extended. | A 15-year-old boy sentenced for the manslaughter of an 80-year-old man he racially abused and fatally attacked will not have his sentence extended. |
| The boy left Bhim Kohli with three broken ribs and other fractures during the attack, which occurred when the victim was walking his dog in Franklin Park in Leicestershire on 1 September. Mr Kohli died in hospital from his injuries the next day. | The boy left Bhim Kohli with three broken ribs and other fractures during the attack, which occurred when the victim was walking his dog in Franklin Park in Leicestershire on 1 September. Mr Kohli died in hospital from his injuries the next day. |
| The boy, who cannot be named for legal reasons, was given seven years in custody for manslaughter but in July the Attorney General's Office (AGO) referred the case under the Unduly Lenient Sentence scheme. | The boy, who cannot be named for legal reasons, was given seven years in custody for manslaughter but in July the Attorney General's Office (AGO) referred the case under the Unduly Lenient Sentence scheme. |
| At the Court of Appeal on Wednesday, moves to have the sentence increased were rejected. | At the Court of Appeal on Wednesday, moves to have the sentence increased were rejected. |
| Lady Justice Macur, sitting alongside Mrs Justice Cutts and Mr Justice Murray, ruled the boy's sentence was neither unduly lenient nor manifestly excessive. | Lady Justice Macur, sitting alongside Mrs Justice Cutts and Mr Justice Murray, ruled the boy's sentence was neither unduly lenient nor manifestly excessive. |
| She said: "We consider that the judge conscientiously executed the necessary sentencing exercise and conveyed his remarks to offender and co-defendant with great skill. | She said: "We consider that the judge conscientiously executed the necessary sentencing exercise and conveyed his remarks to offender and co-defendant with great skill. |
| "We do not find that the sentence was unduly lenient." | "We do not find that the sentence was unduly lenient." |
| Regarding a defence attempt to reduce the sentence, she said: "The sentence was a very significant sentence and necessarily so. | Regarding a defence attempt to reduce the sentence, she said: "The sentence was a very significant sentence and necessarily so. |
| "It is entirely warranted by the seriousness of the offence. It is unarguable that the sentence was manifestly excessive." | "It is entirely warranted by the seriousness of the offence. It is unarguable that the sentence was manifestly excessive." |
| A trial previously heard Mr Kohli's children found him lying on the ground after the attack | A trial previously heard Mr Kohli's children found him lying on the ground after the attack |
| Following the original sentencing, Mr Kohli's daughter Susan Kohli said she felt angry and disappointed the "punishments did not match the severity of the crime". | Following the original sentencing, Mr Kohli's daughter Susan Kohli said she felt angry and disappointed the "punishments did not match the severity of the crime". |
| Addressing the family who were in court on Wednesday, Lady Justice Macur said "it is a loss hard to bear". | Addressing the family who were in court on Wednesday, Lady Justice Macur said "it is a loss hard to bear". |
| The boy was convicted after a six-week trial in June at Leicester Crown Court. | The boy was convicted after a six-week trial in June at Leicester Crown Court. |
| Jurors heard the boy say in his evidence he had a "tussle" with Mr Kohli over his slider shoe before he slapped the elderly man with it out of "instinct", which caused the pensioner to fall to his knees, but he denied kicking or punching him. | Jurors heard the boy say in his evidence he had a "tussle" with Mr Kohli over his slider shoe before he slapped the elderly man with it out of "instinct", which caused the pensioner to fall to his knees, but he denied kicking or punching him. |
| He was convicted alongside a 13-year-old girl who also cannot be named. | He was convicted alongside a 13-year-old girl who also cannot be named. |
| She encouraged the attack by filming parts of it while laughing, with video clips showing the balaclava-clad boy hitting Mr Kohli with a shoe. | She encouraged the attack by filming parts of it while laughing, with video clips showing the balaclava-clad boy hitting Mr Kohli with a shoe. |
| The girl took a photograph of Mr Kohli on her phone the week before, but denied she used this to "target" him, the trial heard. | The girl took a photograph of Mr Kohli on her phone the week before, but denied she used this to "target" him, the trial heard. |
| Mr Kohli's daughter said the guidelines needed to change | |
| Police also recovered a video from her phone of a group of children "confronting" an unknown man on a separate occasion, who was hit to the back of the head and was racially abused while she was heard laughing. | Police also recovered a video from her phone of a group of children "confronting" an unknown man on a separate occasion, who was hit to the back of the head and was racially abused while she was heard laughing. |
| The girl was sentenced to a three-year youth rehabilitation order and her sentence was not referred to the Court of Appeal. | The girl was sentenced to a three-year youth rehabilitation order and her sentence was not referred to the Court of Appeal. |
| Speaking outside the Royal Courts of Justice in London, Susan Kohli, said she was "disappointed" with the ruling. | |
| "It is the guidelines that need to change," she said. | |
| "We need to go to Parliament to get these guidelines changed, to hold these youths responsible for what they do." | |
| Ms Kohli said the situation "cannot continue", adding: "We should not have to lose somebody else to these youngsters". | |
| Country 'shocked' | |
| Solicitor General Lucy Rigby, who referred the case to the Court of Appeal, said: "Bhim Kohli suffered an entirely unprovoked attack while walking his dog in his local park, the nature of which shocked the country. | |
| "It was understandable that I received several requests under the Unduly Lenient Sentence scheme to consider his sentence. | |
| "Following careful consideration, I concluded that the male offender's sentence should be referred to the Court of Appeal as it appeared unduly lenient. | |
| "I respect the Court of Appeal's decision. My thoughts today are with Mr Kohli's friends and family, and everyone impacted by this horrendous crime." | |
| Additional reporting by PA Media. | Additional reporting by PA Media. |
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