Tehleigher Bunting: Judge made mistake sentencing killer driver

10 March 2023

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Video caption,

Tehleigher Bunting was walking on a pavement with a friend when Aaron Carter killed her

The mum and stepdad of a 14-year-old girl who was killed by a speeding driver have been told the judge made a mistake when sentencing him.

The judge told Carter he would serve only half of his nine-year custodial sentence in prison.

However, the Solicitor General has now said Carter will serve two thirds before being released on licence.

Tehleigher’s stepdad, Shane Patterson, said this was “a little bit of a bonus”.

However, he said he was “dumbfounded” that the case will not be referred to the Court of Appeal so that Carter could potentially be given an even longer sentence.

“He’s got to do six years, but what’s six years? It’s nothing,” said Mr Patterson.

“We are not happy at all.”

Liz Kendall, the Labour MP for Leicester West, said she intended to raise the matter in the House of Commons “as soon as possible”.

“I am heartbroken for Tehleigher’s grieving family, who are upset and hurting that the prison sentence for this awful crime remains so low,” she said.

“Tehleigher’s family wants justice, and they want answers.”

Image source, Family photo

Image caption,

Tehleigher’s mum and stepdad wanted her killer to serve an even longer sentence

In his letter to Mr Patterson, Solicitor General Michael Tomlinson KC MP said there were not “sufficient legal grounds to conclude the sentence would likely be increased by the Court of Appeal”, and he could not make a referral.

He also wrote: “One matter which the judge did get wrong was in telling the offender that he would be released halfway through his sentence.

“As a result of the increase in the maximum sentence for this offence, provisions in the Sentencing Code now apply so that he will not be released on licence until he is two thirds of the way through the sentence.”

Ms Denton, was also upset that she had not been allowed to read her victim personal statement to the court when Carter was sentenced.

The Solicitor General addressed this in his letter, explaining she should have been able to read it out “unless the judge had a good reason not to allow it”, in line with the Victims’ Code.

He said he had looked into it and found it was a decision made in the moment during court proceedings.

Image source, Leicestershire Police

Image caption,

Aaron Carter was given a nine-year custodial sentence, but will only serve two thirds in prison

Cory Pearson, Tehleigher’s cousin, had also set up a petition asking for Carter’s sentence to be increased, and this was signed by more than 1,800 people.

“I entirely understand your, and your local community’s strength of feeling on this, as reflected by the number of signatures on the petition started by Cory Pearson,” the Solicitor General wrote in his letter.

A spokesperson for the Attorney General’s Office said: “The Solicitor General was shocked by this case and wishes to express his sympathies to Tehleigher Bunting’s family.

“After careful consideration the Solicitor General has concluded this case cannot properly be referred to the Court of Appeal.

“A referral under the Unduly Lenient Sentence scheme to the Court of Appeal can only be made if a sentence is not just lenient but unduly so, such that the sentencing judge made a gross error or imposed a sentence outside the range of sentences reasonably available in the circumstances of the offence.

“The threshold is a high one, and the test was not met in this case.”