Friday, July 03, 2009
Appeal Court refuses to intervene in Liverpool Homophobic Murder case sentence
An appeal court has said they are not prepared to intervene in the sentencing of Michael Binsteen, the man who admitted perverting the course of justice in the Michael Causer murder case in Liverpool last July. Michael Binstead had claimed he had tried to stop the vicious attack on Michael Causer by James O’Connor and Gavin Alker, and had led Causer to safety before calling an ambulance.
When the 999 operator asked Binsteen what had happened he said Causer had been attacked by three different men. He later explained to police he was in shock and in fear of Alker and O’Connor.
The case was heard before Lord Justice Keene, Mrs Justice Dobbs DBE and Recorder of Nottingham
The Court concluded that a non-custodial sentence was unduly lenient. However, the Court, in its discretion, did not interfere with the suspended sentence order.
They also said that perverting the course of justice is so serious it is almost always necessary to impose a custodial sentence.
Tellingly, they said he repeated his lies until confronted with the inconsistencies and he did not voluntarily tell the truth.
None of Binsteed's various explanations for his behaviour persuaded the Court that a custodial sentence could have been avoided.
However, concluding that this was an unduly lenient sentence the Court exercised its discretion. It was noted that he has already done over 130 hours of the 200 required of the unpaid work requirement and immediate custody would not have been lengthy whilst taking into account the reduction for Double Jeopardy.
In the end they said they were not prepared to intervene.
The custodial term of 34 weeks detention, suspended for two years still stands.
Pictured: Michael Causer
