Express & Star

Justice for Josh Morgan: Top lawyer vows to change system for when judges 'get it wrong'

Soft sentences given to thugs like the amateur boxers who attacked Josh Morgan will be able to be challenged and extended under new proposals, the government's top lawyer today vowed.

Published
The Express & Star has launched a campaign calling for James Robb and Alistair Douglas's sentences to be increased

The Attorney General Jeremy Wright revealed to the Express & Star he is looking to change the law so victims like Josh can get justice when judges 'get it wrong'.

At the moment only a small selection sentences of offences including murder, robbery and sex crimes can be reviewed and referred to the Court of Appeal to consider harsher punishment.

Mr Wright said: "I think it is important. It is about public confidence in the justice system and giving people an avenue to express their concern.

Attorney General Jeremy Wright said he wants to increase the amount of cases able to be sent to the Court of Appeal

"I want to look very carefully how we might include offences that are not in the scheme but which frankly people would expect and hope to see."My view is that there is a very good argument to be had to expand the scheme.

"At the moment there are a number of cases in the scheme but not every case is. I am concerned and we should look whether the scheme should be expanded further."

Josh, from Cannock, was left brain damaged and immobile after an unprovoked attack in the town centre in March 2014.

His attackers James Robb and Alistair Douglas admitted causing grievous bodily harm (GBH) but will only serve between two and nine months in prison after their sentences were largely reduced because of the amount of time they spent electronically tagged.

More serious charges, that carried no maximum prison sentence, were downgraded after prosecutors decided they could not prove intent – even thought Robb admitted in court to striking the then-20-year-old twice in the head.

The Unduly Lenient Sentence (ULS) scheme allows anyone to complain about soft sentences to the Attorney General.

If he or the Solicitor General agree the punishment is too lenient they can refer it to the Court of Appeal to reconsider, providing it is one of a limited number crimes.

Nearly 5,000 people signed an online petition calling for Robb's and Douglas's sentences to be extended – but cases of GBH cannot be reviewed.

The Express & Star launched the Justice for Josh campaign to highlight this shocking case.

Mr Wright said: "Examples such as Josh's case are ones that make us think whether the boundaries of the scheme are in the right place. This is exactly the sort of case I want to look at to see if the scheme should be expanded. We are doing that now and I would hope and expect that we can deliver on that in this parliament. You can be reassured that we are working on that now.

"When judges do not get it right there has to be a mechanism to correct that."

The move has been backed by Cannock Chase MP Amanda Milling.

And Cannock Council leader George Adamson has launched a review of CCTV cameras in Cannock town centre following the attack. Because of a lack of CCTV footage and the fact Josh, then aged 20, was in a coma and unable to speak, police were never able to piece together a full picture of what happened.

Robb, 23, was given a three-year prison sentence for the attack before it was reduced, while Douglas, 26, was initially sentenced to 27 months in jail.

A Ministry of Justice spokesperson said: "We have every sympathy with the victim and his family after this attack.

"Sentencing is a matter for the independent judiciary, who consider the specifics of each case."

You can sign the petition at www.change.org

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