WHAT JUST HAPPENED?
Former Metropolitan Police officer, Wayne Couzens, has pleaded guilty at the Old Bailey to the murder of Sarah Everard in March 2021.
WHAT DOES THIS MEAN?
The events following the disappearance of 33-year-old Sarah Everard in March 2021 shook Britain. The firearms officer snatched her as she walked home from a friend's house in Clapham on 3 March, driving her away in a car he had hired.
The 33-year-old's body was found a week later in woodland near Ashford, Kent, metres from land owned by Couzens. She had been raped and strangled.
After her body was discovered, Couzens was arrested at an address in Kent. In June, he pleaded guilty to rape and kidnaped at the Old Bailey and, on 9 July, pleaded guilty to her murder.
Couzens' defence barrister told the court his client's admission of murder "represents a truly guilty plea and remorse for what he did and, as he put it to us this morning, he will bear the burden for the rest of his life - his words - ''as I deserve''. [1]
Couzens's admission to rape and kidnapping and his admission to murder signifies several things related to his sentence. Murder already carries a life sentence in England and Wales, whether a defendant is found guilty or has pleaded guilty.[2] However, the question is whether or not Couzens will receive a whole life order, meaning that he will most unlikely be considered for release, or whether he will receive a mandatory life sentence where he will serve a for an extended period and be released if the parole board is satisfied that detaining the offender is no longer necessary for the protection of the public.[3]
HOW DOES THIS IMPACT THE LEGAL SECTOR?
It is most likely, from a legal standpoint, that Couzens will be given a whole life sentence for various reasons under the sentencing guidelines for murder from the Sentencing Council as well as the new Sentencing Act of 2020
The sentencing act of 2020, schedule 21, Section 2 states that "If the offender is over 21, the appropriate starting point is a whole life sentence"[4] Couzens is 48 years old. Furthermore, the same section enhances the likelihood that Couzens will serve a whole life sentence with no minimum time by including "abduction of the victim" and "sexual or sadistic conduct,"[5] which Couzens has already pleaded guilty to. What's more than this is the aggravating factor that Couzens was in a position of trust (a police officer) which he abused and used to kidnap, rape, and kill Sarah Everard, the former of the two came under the description of "unlawfully by force or fraud" (it is understood that Couzens told Ms. Everard that he had warrant card that enticed her into the car).
Although section 73 of the Sentencing Act states that defendants are, by law, allowed a reduction from their sentence if they enter a guilty plea and if they have shown remorse, because of the nature of Couzens' crimes, it does not prevent the court from imposing any sentence that it considers appropriate after taking into account any matter referred to in subsection 2 of section 73[6] which are the stage in the proceedings for the offense at which the offender indicated the intention to plead guilty, and the circumstances in which the indication was given.[7] Meaning that although Wayne Couzens has admitted to his crime and has shown remorse for his actions, it is most likely to be viewed by the judge to be in the interest of justice and the safety of the public that he be given a full life sentence.
Written by Gillis Robbie
ASSESSING FIRMS:
#BCL Solicitors LLP #Bindmans LLP #Blackfords LLP #Corker Binning #Hickman & Rose #Hodge Jones & #Allen Solicitors #Kingsley Napley LLP #Simons Muirhead Burton #Stokoe Partnership Solicitors
REFERENCES:
[1] https://www.bbc.co.uk/news/uk-england-london-57774597
[2] https://www.sentencingcouncil.org.uk/sentencing-and-the-council/types-of-sentence/life-sentences/
[3] https://www.sentencingcouncil.org.uk/sentencing-and-the-council/types-of-sentence/life-sentences/
[4] https://www.legislation.gov.uk/ukpga/2020/17/schedule/21/enacted
[5] https://www.legislation.gov.uk/ukpga/2020/17/schedule/21/enacted
[6] https://www.legislation.gov.uk/ukpga/2020/17/section/73/enacted
[7] https://www.legislation.gov.uk/ukpga/2020/17/section/73/enacted