Vickrum Digwa, the man who killed 18-year-old Henry Nowak in Southampton, has had his sentence increased to 25 years by senior judges who cited his 'incomprehensible cruelty' in filming and goading the teenager as he lay dying.
Digwa, now 23, repeatedly stabbed Henry with a ceremonial knife moments after encountering him on December 3 last year. The killing sparked outrage when police body-worn video showed officers handcuffing Henry as he lay dying after Digwa lied that the teenager had racially abused him.
Court of Appeal ruling
Lady Chief Justice Baroness Carr, sitting with Mr Justice Nicklin and Mr Justice Wall, said: 'We have viewed the footage. The additional distress and degradation caused by such incomprehensible cruelty to Henry as he lay on the ground is a factor to which we must return later.'
Attorney General Ellie Reeves referred the case to the Court of Appeal as 'unduly lenient' earlier this year, while Digwa also sought to challenge the sentence as 'manifestly excessive'. The three judges said it was 'unarguable' that the original sentence was too long and found it should be increased to 25 years as it 'fell outside the range reasonably open' to the sentencing judge.
Family reaction
Speaking afterwards, Henry's family said there is 'no reduction in our suffering' after the uplift, adding 'our fight for justice is far from over'. They said: 'This decision represents an important step towards justice for Henry and our family. But no sentence, however long, can ever give Henry his life back.'
Henry's father Mark Nowak told ITV News: 'It's an absolute disgrace. Let's be honest. She was convicted in May of this year. She'll be out in December of this year having received a three-year sentence. How on earth can that be right? She'll be out for Christmas, and I won't have Christmas with Henry.'
Legal arguments
Jonathan Polnay KC, for the Attorney General, told the hearing that Digwa 'repeatedly deployed' the knife against an 'unarmed and defenceless stranger', and that the sentence 'failed adequately to reflect' the aggravating features, including that Digwa 'abused the privilege' extended to Sikhs allowing them to carry blades in public and that he filmed Mr Nowak following the attack, during which he 'zoomed in on Henry's face whilst verbally gloating'.
Imran Khan KC, for Digwa, argued the sentence passed by Judge William Mousley KC already reflected the aggravating features and should be reduced to a 'materially lower minimum term'.
Digwa's mother Kiran Kaur, jailed in July for assisting an offender when she took the murder weapon from the crime scene, had her application to challenge her sentence 'abandoned', and she is likely to walk free within weeks as she is eligible for the Government's early release scheme. At the sentencing hearing in June, Judge Mousley said Digwa had a small kirpan and a 'large dagger in a sheath' due to being part of the Nihang order of Sikhs.
