R v Boe Barton

The absence of an intention to kill may mitigate a minimum term for murder, but it does not do so automatically. Its significance depends on the particular facts, including how close the offender’s intention came to an intention to kill and the weight of aggravating features.

In sentencing a young offender, the court must give sufficient cumulative weight to age, developmental immaturity, cognitive ability, upbringing, vulnerability to older influences and the role played by an older instigator. A serious and planned attack may greatly limit mitigation for lack of intent to kill, but it does not remove the need to assess those personal factors together.

Boe Barton and Richard Sampson were convicted at Sheffield Crown Court of murdering Anthony Sumner and of possessing an offensive weapon in a public place. Sampson was convicted of murder following a retrial after the jury did not reach a verdict on that count at the first trial.

Barton, aged 15 at the time of the murder, received detention at His Majesty’s pleasure with an 18-year minimum term. Sampson received life imprisonment with a 28-year minimum term. Barton appealed against sentence with leave. Sampson renewed his application for leave to appeal against sentence.

The central issues were whether Sampson’s lack of an intention to kill made his minimum term manifestly excessive, and whether adequate weight had been given to Barton’s youth, immaturity, cognitive difficulties, upbringing, vulnerability and Sampson’s leading role.

1. Barton’s appeal was allowed in part. His minimum term was reduced from 18 years to 16 years, less time spent on remand. Sampson’s renewed application for leave to appeal against his 28-year minimum term was refused.

2. Under paragraph 5A of Schedule 21 to the Sentencing Act 2020, the starting point for Barton, who was aged 15 at the time of the murder, was 17 years. The statutory starting point did not prevent an assessment of all aggravating and mitigating circumstances.

3. Following R v Peters [2005] 2 Cr App R(S) 101, lack of an intention to kill is capable of mitigation but is not necessarily, or substantially, mitigating. Its weight is fact-sensitive. Sampson’s intention fell only just short of an intention to kill. The planned ambush, weapons, masks, repeated grave violence, and the victim’s defenceless position substantially outweighed that factor. His term was not manifestly excessive.

4. Barton’s repeated chest stabbings, participation in a planned ambush and determination to cause really serious harm meant that lack of intent to kill did not warrant the substantial reduction contended for. However, the sentencing judge had not given sufficient cumulative weight to Barton’s very young age, immaturity relative to his chronological age, low cognitive functioning, abusive upbringing, vulnerability to influence by older people, and Sampson’s leading role. Taken together, those matters rendered the 18-year term manifestly excessive.

• Court of Appeal (Criminal Division): Barton’s appeal against sentence was allowed only to reduce his minimum term from 18 to 16 years. Sampson’s renewed application for leave to appeal against sentence was refused.

• Crown Court at Sheffield: Barton was convicted of murder on 30 June 2022. Sampson was convicted of murder at a retrial on 30 March 2023. On 31 March 2023, Barton received detention at His Majesty’s pleasure with an 18-year minimum term, and Sampson received life imprisonment with a 28-year minimum term.