The Solicitor General referred the case to the Court of Appeal under the Unduly Lenient Sentence scheme, seeking a review of Digwa’s 21-year minimum term
The Solicitor General has referred the sentence of Vickrum Digwa, who was convicted of murdering 18-year-old Henry Nowak, to the Court of Appeal under the Unduly Lenient Sentence scheme.
The Attorney General’s Office said the Court of Appeal would now consider whether Digwa’s sentence was unduly lenient and whether it should be increased. The referral does not itself alter the sentence.
Digwa, 23, was sentenced to life imprisonment for the murder, with a minimum term of 21 years before time already spent in custody was deducted. After allowing for 175 days on remand, the judge imposed an operative minimum term of 20 years and 190 days.
Solicitor General Ellie Reeves KC MP said: “This case horrified me, and I know that feeling is shared by the British public. It is right that difficult questions need to be answered about the way the police handled Henry Nowak’s murder, while my role is to review Digwa’s sentence for his crimes.”
She added: “After careful consideration, I have taken the decision to refer this case to the Court of Appeal.
“No sentence can ever undo the devastation that Henry’s family have suffered, or fill the void left by his loss. But I hope this referral goes some way towards bringing them the justice they deserve.”
At the sentencing hearing, the judge applied a 15-year starting point when determining the minimum term. He found that the murder did not involve Digwa taking the knife to the scene intending to commit an offence or to have it available for use as a weapon.
The judge said it was possible that Digwa initially had a good legal reason for having the dagger, linked to Sikh religious practice, although that reason ended when he removed it from its sheath and used it to murder Nowak.
A series of aggravating factors increased the minimum term from 15 to 23 years. These included the repeated stabbing, the suffering and degradation inflicted on Nowak, Digwa’s attempts to conceal evidence, his lies to police and his involvement of his mother in the attempted cover-up.
The judge then reduced the term to 21 years to reflect Digwa’s age, previous good character and the absence of premeditation. The time already spent in custody was deducted from that period.
Under the Unduly Lenient Sentence scheme, anyone can ask the Law Officers to review certain sentences imposed by the Crown Court in England and Wales if they believe the punishment is too low.
The Law Officers ordinarily have 28 days from sentencing to consider whether a case should be referred. Only specified offences are covered by the scheme, including murder, manslaughter and rape.
The Court of Appeal will determine whether Digwa’s sentence was unduly lenient and, if it reaches that conclusion, whether the minimum term should be increased.