An advocate expressed that the boy’s decision to appeal was a significant affront to the family of Vyleen White, who remain deeply traumatized by the incident. She emphasized that any alteration to the original sentence would likely ignite widespread community anger.
Atkinson revealed the profound impact the appeal has had on the White family, stating they were heartbroken by the news.
“The family is too shattered to attend the proceedings. This appeal is a slap in the face to them, and not maintaining the initial sentence would surely provoke community outrage,” she remarked.
During the session, defense attorney Matthew Hynes argued before the Court of Appeal justices that the sentencing judge had committed an error in the original judgment.
“This incident involved a single stab carried out with momentary intent,” Hynes explained.
Justice David Boddice countered, indicating that even a fleeting intention to kill or inflict serious harm, if it results in death, suffices to constitute murder.
“That’s the offence, that’s how you get to murder: one moment,” Boddice said.
The teen quickly approached the 70-year-old grandmother and demanded her car keys before inflicting a “non-survivable” 17cm deep knife wound, Chief Justice Helen Bowskill said at sentencing.
He did not hesitate before stabbing the grandmother as she held up her hands and backed away.
The boy stole White’s 2009 Hyundai Getz hatchback and drove it to a nearby residential area where he showed it off to other teens.
“The sentence falls well short of being described as being manifestly excessive,” he said.
Bowskill’s sentence was made in the context of community demands for greater protection from violent young criminals and increased knife crime in public.
“It was accepted that this was murder was particularly heinous,” Fuller said.
The three justices reserved their decision.
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