By Islam El-Sakka
The Court of Appeal heard arguments on Thursday that the life sentence with a minimum 21-year term given to Vickrum Digwa for the murder of 18-year-old Henry Nowak in Southampton was unduly lenient.
False claims and arrest of victim
Digwa, 23, was sentenced in June for the December killing. When police arrived, Digwa falsely claimed Nowak had racially abused him and knocked off his turban, leading officers to arrest and handcuff Nowak before discovering his fatal injuries. The incident sparked riots in Southampton.
Attorney general's referral
Attorney General Ellie Reeves referred the sentence to the Court of Appeal as unduly lenient. Jonathan Polnay KC, representing Reeves, argued the sentencing judge failed to consider significant aggravating factors, including Digwa's false allegation of racism against the victim and his abuse of a religious exemption allowing Sikhs to carry a kirpan.
Weapon and religious exemption
Digwa carried a kirpan, a religious requirement for Sikhs, and a larger dagger due to his membership in the Nihang order. Polnay said the use of the dagger was an abuse of trust and a statutory religious exemption, and that Digwa repeatedly deployed the weapon against an unarmed stranger.
Additional aggravating factors
Polnay also cited Digwa's sustained attempts to pervert the course of justice, including enlisting his mother to conceal the murder weapon. Kiran Kaur, 53, was jailed for three years for assisting an offender. Digwa also filmed the dying victim and misled emergency responders.
Defense challenges increase
Imran Khan KC, for Digwa, argued the sentence could only be increased in exceptional cases and that the sentencing judge had already aggravated the term for the dangerous weapon and abuse of religious privilege. Khan said carrying a knife for religious reasons should not automatically lead to longer sentences for Sikh offenders, and that Digwa's lies did not worsen the fatal injury or deprive Nowak of survival.
The hearing before Lady Chief Justice Sue Carr, Mr Justice Nicklin and Mr Justice Wall is due to conclude on Thursday.
