Judge's sentencing remarks in full in Barton manslaughter case

Lewis Brown, you may remain seated whilst I make my sentencing remarks.

Shortly before 6 o'clock on the evening of Friday, October 8 last year you went to the park at the bottom of Bayswater Road in the Barton area in Oxford.

The purpose of your trip was to continue your then full-time occupation of dealing class A drugs to addicts in your area.

You went there with a knife tucked into the top of your trousers, something I find as a fact you did habitually.

READ MORE: Live updates from Lewis Brown's sentencing for manslaughter

The people to whom you were going to deal were known to you as previous customers, Donna Osbourne and Lee Butler.

Judge Ian Pringle QC

They had requested just cocaine when they placed their order with you, specifically stating they did not want any heroin as there were very considerable concerns at that time in Oxford there was circulating some bad heroin that may have caused the death of at least three people in Oxford in the previous month.

I further find as a fact that the suggestion the heroin you were dealing at the time may have been a bad lot caused you to be angry and when you went to the park you were in such a state.

Indeed, the first thing you said as witnessed by Donna Osbourne was ‘bruv, it’s not the second or third time today that I’ve heard you [cussing] man’s tings’ meaning you had heard him disparaging your heroin supply.

READ MORE: Lewis Brown jailed for 10-and-a-half years

I further find as a fact that Donna Osbourne had to on a number of occasions before the deal was done stop you taking your knife out, with you saying to Lee Butler ‘I should juck you’ meaning stab you.

Once you had dealt your drugs and received your money your anger at Lee Butler continued. You pulled out your knife and said ‘are you trying to boy man off bruv’ meaning belittle you.

Without any reply coming from Lee Butler, you then stabbed him fatally once in the chest, turned and ran off up the park.

Lee Butler apparently said he was alright when asked by Donna Osbourne if he was okay.

However, within seconds thereafter he collapsed on to the path and despite the best efforts of passersby and then the paramedics he was pronounced dead within a short period of time.

You, Lewis Brown, and your actions were the sole cause of Lee Butler’s death that day.

READ MORE: Family of victim Lee Butler says killer has 'ripped our family apart'

You are now aged 20 and were 20 years old at the time of the offence. Although you have no previous convictions I cannot treat you as a man of previous good character as you have a youth caution for possession of cannabis and a further adult caution for a section 4A public order act offence along with obstructing a constable.

In addition, by your own admission you have dealt class A drugs for a considerable period of time and the jury clearly rejected your defence of modern slavery by their convictions on count two.

Moreover, the jury also concluded that you had no good reason to have a knife upon you that day.

I find as a fact that your story about the character ‘Jake’ was a deliberate invention by you in an attempt to justify your carrying a knife that day, something I find you did regularly.

I turn to deal with the sentencing guidelines on manslaughter.

I consider this offence does indeed fall into category B, giving a starting point of 12 years with a range of eight to 16.

I also find the following aggravating features apply:

This offence was committed while you were either on police bail or under investigation for another matter which cannot be dealt with today.

Secondly, the offence involved the use of a knife which you had deliberately brought to that scene.

Thirdly, the offence occurred in the context of a supply of class A drugs, a deal which had been planned.

And, fourthly, you displayed no remorse either in your concerted attempts to evade being arrested, your words and actions on arrest, nor in your subsequent conduct.

However, I find the following mitigating features do indeed apply:

You are still young – only 10 – and I must and do take that matter very much into account.

You suffer from autistic spectrum disorder and ADHD and I take into account what your counsel has said about sentencing people with such handicaps.

And thirdly this is your first formal conviction.

Lee Butler Picture: TVP

I bear all those matters into account when I come to the sentence I pass upon you.

Would you please stand.

For the offence of manslaughter you will go to prison for a period of 10-and-a-half years.

On count two, 18 months.

Those two sentences will run concurrently with one another.

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