The first ever televised criminal sentencing in England or Wales has shown a young man jailed for life for the "ferocious" killing of his grandfather.
Judge Sarah Munro QC made legal history at the Old Bailey on Thursday when she handed 25-year-old Ben Oliver a minimum of 10 years and eight months for manslaughter. The footage, which can be watched above, was shown on news channels and made available online through Sky News, the BBC, ITN and the PA news agency.
A change in the law in 2020 allowed cameras in crown court, but the implementation was delayed due to the pandemic. The new law will mean that High Court and Senior Circuit judges sitting in crown courts can be filmed delivering sentences and verdicts. Only the judge will appear on camera to protect the privacy of victims, witnesses and jurors.
The sentencing of Oliver took place in Court Two of the Old Bailey, one of its oldest courtrooms.
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Oliver, from Bexleyheath, south London, had admitted the manslaughter of 74-year-old David Oliver, in Mottingham, south London, on January 19 last year. He was cleared of murder by a jury.
The decision to broadcast his sentencing was announced by the Ministry of Justice on Wednesday and broadcasters hailed it as a "landmark moment for open justice" and a "victory for the viewer".
Lord Chancellor and Justice Secretary Dominic Raab said: "Opening up the courtroom to cameras to film the sentencing of some of the country’s most serious offenders will improve transparency and reinforce confidence in the justice system.
"The public will now be able to see justice handed down, helping them understand better the complex decisions judges make."
The Lord Chief Justice of England and Wales, Lord Burnett of Maldon, described the move as "very positive" in promoting open justice. He said: "I think it’s an exciting development because it will help the public to understand how and why criminals get the sentences that they do in these very high-profile cases.
"Sentencing of serious criminal cases is something in which there is a legitimate public interest.
"And it’s always seemed to me that this is a part of the criminal process which can be recorded and broadcast in many cases, but not all, without compromising the administration of justice or the interests of justice."
Oliver's autistic spectrum disorder, as well as other emotional and mental factors, diminished his responsibility for the killing, the court was told. When sentencing Oliver, Judge Munro outlined his depression in the lead up to the killing, and his troubled family background.
Oliver had previously been convicted of sexual offences against a young girl in 2016, when he was aged 15. He was released from youth detention in September 2019.
Judge Munro said he had loved his grandparents but that he began to hate his grandfather when he learned of allegations of sexual abuse against him. Oliver had "obsessional tunnel vision" which led him to his decision to kill in a "ferocious" way, the judge said.
Setting out the events, the judge told Oliver: "On the 19th the carers came as usual to see to your grandfather’s needs. When they had gone your nan took him a biscuit and coffee. That was the last time she saw him alive.
"You were noted to be jittery and couldn’t rest. You asked to lie down with your nan which you did. However, when she got up you went downstairs. It was around 11.30-11.45am. You selected a knife from the kitchen and you went to your grandfather’s room.
"You cut his throat repeatedly with severe force, you stabbed his mouth so he could not cry out and his eyes so that he couldn’t look at you as you killed him. He tried in vain to protect himself by raising his right arm. He was utterly powerless.
"There were a total of 21 stab wounds to the face, seven to the torso and obvious defence injuries. He died very quickly of massive blood loss. Following the killing you told your nan what you had done saying 'he can’t hurt you anymore, nan'. You also texted your mother saying 'Mum I’ve killed grandad, I love you.'
"Nan called 999 as you sat with her. At one point you went upstairs and sat on the windowsill. I am satisfied that you had it in mind to jump to your death but your nan persuaded you to come in and you calmly sat with her until the police arrived. You were entirely co-operative. Your nan told police 'we all wanted to kill him'."
Having weighed up the aggravating and mitigating factors, the judge told Oliver: "In your case I do consider the seriousness of the offence does justify a life sentence." But she did acknowledge his guilty plea and expression of remorse when he told a probation officer: "I've just made it worse, made the pain greater."
Earlier in mitigation, Jennifer Dempster QC said: "The word tragic is a word perhaps over used in this building to describe some cases – not so in this particular case."
She said a number of "deeply unfortunate events" had combined to make an "almost perfect storm", leading to the killing. She added: "This is a young man who on a number of levels was woefully let down by those who should have been looking after him."
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