Rudakubana resentencing
Judge to correct technical error today, though sentence unchanged
The judge who sentenced the Southport murderer to a minimum of 52 years’ imprisonment last month is expected to correct a sentencing error today — but it will make no difference to the length of time Axel Rudakubana spends in prison.
A hearing has been listed this morning at Liverpool Crown Court, although Mr Justice Goose and all parties will attend remotely.
Under the Sentencing Act 2020, a judge may vary a sentence the judge has passed within the previous 56 days. The “slip rule”, as it’s called, allows errors to be corrected without the need for a formal appeal.
This is how today’s hearing is listed:
Section 49 of the Children and Young Persons Act restricts identification of defendants under 18. When Rudakubana appeared at the Crown Court last August, a few days before his 18th birthday, a judge allowed him to be named.
It’s understood that the error in this case relates to the type of life sentence passed for three counts of murder. In my preview of the case I said Goose would have to sentence Rudakubana “to be detained during His Majesty’s pleasure”, a euphemism used for defendants who commit murder when they are aged under 18.
In his sentencing remarks, however, the judge said Rudakubana would be sentenced to “custody for life”. It’s not clear whether this wording satisfies the statutory requirements.
Update 10.10: Three sentences of “custody for life” have been replaced with “detention during His Majesty’s Pleasure”. Prosecuting counsel apologised for suggesting the wrong provision in a note to the judge.