Mother fails to increase jail term for son’s killer as appeal was ‘out of hours’
A MOTHER whose son was murdered in an unprovoked knife attack has had her bid to challenge the killer’s “lenient” sentence rejected because she lodged her appeal in time but “outside court hours”.
Tracey Hanson, whose son Josh had his throat slashed in a nightclub, submitted her appeal to Geoffrey Cox, the Attorney General, within the 28-day time limit to challenge the “unduly lenient” sentence but it arrived at 8.40pm on the last day and was deemed “outside court hours”.
Neither her barrister, police, courts or victim support had told her she could appeal a lenient sentence within 28 days of the judge jailing Shane O’Brien, who became Britain’s most wanted man when he fled to Europe after the murder in a private plane chartered by a drug dealer. O’Brien was sentenced to 26 years in prison.
Ms Hanson only discovered she could appeal when she tweeted Claire Waxman, the victims’ commissioner for London, who provided her with the link enabling her to apply within what she thought was the deadline.
Ms Hanson said the jail tariff failed to recognise the pain O’Brien had caused by taking away Josh.
“Drug dealers get 28 to 30 years, he got 26. The judge was extremely cautious. Life should mean life for murder. You take a life, there is nothing for Josh. He would be coming up to his 26th birthday. He had a fantastic job and was an aspiring star in the company he was working for. He had a girlfriend. He lived life to the fullest and crammed in as much as he could.”
Ms Hanson was “devastated” to receive an unsigned letter back from Mr Cox’s “correspondence officer,” stating: “Because your referral reached this office at 20.41 on 20 November (the 28th day) it was too late to file as this was after the close of court business.
“I am afraid there is therefore no possibility that the sentence passed on the offender can be reconsidered by the Court of Appeal under the Unduly Lenient Sentence scheme.”
Ms Waxman has now written to the Attorney General to demand a rethink of the “unjustifiable” and “harsh” interpretation of the scheme’s rules which have “deeply impacted an already traumatised mother”.
A spokesman for the Attorney General’s office said the application had to be received within court time for it to be processed. “We can’t make exceptions,” he said.
There is nothing on the Attorney General’s website to say an appeal must be lodged in office hours. Ms Hanson’s treatment contrasts markedly with offenders who can get an “extension” if they miss their 28-day deadline to appeal their sentences and have “sitdown” talks explaining their rights, according to victims’ campaigners.
Offenders are told: “If you apply later you’ll need to explain why you could not send your application in on time. You may get an extension”.