United Kingdom / R v Darren Osborne
Country
United Kingdom
Year
Decision/ruling/judgment date
Incident(s) concerned/related
Related Bias motivation
Groups affected
Court/Body type
Court/Body
Key facts of the case
On 17 June 2017, the defendant, Darren Osborne, hired a van and drove it from Cardiff to London with the Al Quds Day march as target where he intended to “plough through as many of them as possible”. Unable to reach his initial target, the defendant drove around London until he reached the area around Finsbury Park Mosque. It was the month of Ramadan and many mosque attendees were on the streets having broken their fasts. The defendant identified a group of individuals, many of whom were in Islamic dress and proceeded to drive the van into the group. Twelve people were injured, including one fatally.
Main reasoning/argumentation
In her sentencing remarks, Mrs Justice Cheema-Grubb, noted that it is an aggravating factor if a murder is committed for the purpose of advancing a political, religious, racial or ideological cause (Criminal Justice Act 2003); and/or a murder is committed that has a terrorist connection (Counter Terrorism Act 2008).
Is the case related to the application of the Framework Decision on Racism and Xenophobia, the Racial Equality Directive?
Key issues (concepts, interpretations) clarified by the case
Incidents such as these perpetrated against Muslims will be treated as murder with a terrorist connection.
Results (sanctions, outcome) and key consequences or implications of the case
Life imprisonment is a mandatory sentence for murder, the sentencing judge must therefore decide the minimum term to be served. The judge took into account, inter alia, the following aggravating factors:
• The murder was committed for the purpose of advancing a political, religious, racial or ideological cause;
• The murder had a terrorist connection;
• The murder was in the context of attempted multiple murders;
• The defendant had not been radicalised over a long period of time but his rapid decline into irrational hatred of all Muslims turned him a danger to the public;
• There was no evidence that the danger he presents has lessened;
• His conduct and language in court shows his unreformed attitude and lack of insight;
• Throughout the trial the defendant had repeatedly reaffirmed his perverted hatred of Muslims.
Accordingly, the minimum term was set at 43 years.
Key quotation in original language and its unofficial translation into English with reference details
"After your arrest you celebrated and smiled. You said while you were being restrained: “I’ve done my job, you can kill me now.” You shouted at some of those holding you, “I want to kill you, I want to kill more Muslims.” You were sober as the police breath test after your arrest demonstrated but even in the police van you continued your ranting saying, “At least I had a f*cking proper go”. You made frank admissions later, “I accelerated a big van for about 20ft into people.” You admitted you were on your own, to use your words, “flying solo.”
"This was a terrorist attack. You intended to kill."
…
"The seriousness of your offences is exceptionally high and the just requirements of punishment and retribution mean that a very substantial minimum term must be imposed."