R v “VGT” “WGU” “XGV” (Attorney General’s Reference) [2026] EWCA Crim 919
Rebecca Penfold led by Allison Summers KC resists application by Solicitor General to increase the sentence for manslaughter of a 16-year-old.
Rebecca represented Boy B (VGT), who, having been acquitted of murder at trial but convicted of manslaughter, was sentenced to a period of detention of two years and 10 months.
The Solicitor General applied to the Court of Appeal to refer the sentences imposed on all three youths under the provisions of section 35 and 36 of the Criminal Justice Act 1988, on the grounds that the sentences imposed were unduly lenient.
The Court of Appeal was not persuaded that any of the sentences were unduly lenient and refused leave.
The application related to the principles to be applied when sentencing youths and levels of culpability vis-à-vis adult sentencing guidelines.
In respect of the sentences relating to VGT, the primary submission on behalf of the Solicitor General was that applying the guidelines for manslaughter it ought to have been obvious to the defendant that there was a high risk of death or GBH arising from their unlawful act, such that a higher bracket of culpability should have applied.
On behalf of VGT it was submitted that whilst the manslaughter guidelines have some applicability, the relevant guidelines to be applied were the Sentencing Children and Young People Guideline which the judge had been faithful to. Further it was important to appreciate that the manslaughter guidelines were adult guidelines and what ought to have been obvious to an adult offender would not necessarily be obvious to a child offender. The Court of Appeal agreed.
The judgment is available here: R v “VGT” “WGU” “XGV” (Attorney General’s Reference) [2026] EWCA Crim 919
