GUILTY UK - Lee Pomeroy, 51, stabbed to death on train, Surrey, 4 January 2019
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Nikki Mitchell (@BBCNikkiM) | Twitter
It was Lee Pomeroy’s son who dialled 999 when he realised his Dad had been stabbed on a train near #Guildford #Surrey in January. The teenager was by his Dad’s side when he died. @BBCSouthNews
It was Lee Pomeroy’s son who dialled 999 when he realised his Dad had been stabbed on a train near #Guildford #Surrey in January. The teenager was by his Dad’s side when he died. @BBCSouthNews
14:20
Previous convictions
Prosecutor Jacob Hallam QC is reading Pencille and Mitchell’s previous convictions.
The jury has already heard about one of Pencille’s previous convictions for GBH and another for assault. Mr Hallam reveals his criminal record extends back to 1999 and includes several burglaries, criminal damage and, in 2004, possession of a firearm.
Mitchell has previous convictions for battery and using threatening words or behaviour.
Darren Pencille found guilty of murdering Lee Pomeroy - updates
Previous convictions
Prosecutor Jacob Hallam QC is reading Pencille and Mitchell’s previous convictions.
The jury has already heard about one of Pencille’s previous convictions for GBH and another for assault. Mr Hallam reveals his criminal record extends back to 1999 and includes several burglaries, criminal damage and, in 2004, possession of a firearm.
Mitchell has previous convictions for battery and using threatening words or behaviour.
Darren Pencille found guilty of murdering Lee Pomeroy - updates
14:22
Pencille faces life sentence
Mr Hallam says Pencille, having brought a knife to the scene and used it to commit a murder, faces a life sentence with a minimum term of 25 years as a starting point, aggravated by his previous convictions and the fact that the killing took place “on a train, in the middle of the day” and in front of several witnesses including his son.
Darren Pencille found guilty of murdering Lee Pomeroy - updates
Pencille faces life sentence
Mr Hallam says Pencille, having brought a knife to the scene and used it to commit a murder, faces a life sentence with a minimum term of 25 years as a starting point, aggravated by his previous convictions and the fact that the killing took place “on a train, in the middle of the day” and in front of several witnesses including his son.
Darren Pencille found guilty of murdering Lee Pomeroy - updates
British Transport PoliceVerified account @BTP 57s58 seconds ago
Guilty of murdering a beloved father and husband on a train in #Surrey. In under 24 hours, Darren Pencille was arrested after he stabbed his victim 18 times. This was a case which gripped the nation. This is the moment he was arrested in Farnham
British Transport Police on Twitter
Guilty of murdering a beloved father and husband on a train in #Surrey. In under 24 hours, Darren Pencille was arrested after he stabbed his victim 18 times. This was a case which gripped the nation. This is the moment he was arrested in Farnham
British Transport Police on Twitter
14:30
Lee Pomeroy's life 'cruelly cut short'
Mr Hallam reads a statement from Lee Pomeroy’s wife, Svetlana.
She says: “On Friday July 4 2019, my life and that of my son changed forever. My husband of 18 years died in a sudden, violent and distressing way.”
Mrs Pomeroy goes on to say that her husband was the main breadwinner in the family, and his murder has left their plans “devastated”.
“I miss my husband every day and to compound this situation [his son] was with his father when he died.
I am in tears as this statement is being written. Lee loved life, and it has been cruelly cut short in a cruel and unnecessary way.”
Darren Pencille found guilty of murdering Lee Pomeroy - updates
Lee Pomeroy's life 'cruelly cut short'
Mr Hallam reads a statement from Lee Pomeroy’s wife, Svetlana.
She says: “On Friday July 4 2019, my life and that of my son changed forever. My husband of 18 years died in a sudden, violent and distressing way.”
Mrs Pomeroy goes on to say that her husband was the main breadwinner in the family, and his murder has left their plans “devastated”.
“I miss my husband every day and to compound this situation [his son] was with his father when he died.
I am in tears as this statement is being written. Lee loved life, and it has been cruelly cut short in a cruel and unnecessary way.”
Darren Pencille found guilty of murdering Lee Pomeroy - updates
14:32
No mitigation for Pencille
Pencille’s barrister, Justin Rouse QC, says that out of “respect for the family of Lee Pomeroy”, he will be advancing no submissions in mitigation on behalf of his client.
Darren Pencille found guilty of murdering Lee Pomeroy - updates
No mitigation for Pencille
Pencille’s barrister, Justin Rouse QC, says that out of “respect for the family of Lee Pomeroy”, he will be advancing no submissions in mitigation on behalf of his client.
Darren Pencille found guilty of murdering Lee Pomeroy - updates
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Sarah Hajibagheri @SaraHajibagheri 4m4 minutes ago
Pomeroy family impact statement talks about Lee’s sudden death the day before his birthday. “We had cards and presents for him which he never got to see. Life has become empty.” Lee Pomeroy’s 14 year son is now “frightened to be alone at night”. Pomeroy family in tears in court.
Pomeroy family impact statement talks about Lee’s sudden death the day before his birthday. “We had cards and presents for him which he never got to see. Life has become empty.” Lee Pomeroy’s 14 year son is now “frightened to be alone at night”. Pomeroy family in tears in court.
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14:38
Mitchell 'malleable to persuasion and cajoling'
Charles Falk, for Mitchell, rises to mitigate for his client.
He says her background “made her malleable to persuasion and cajoling” and that she was dependent on Pencille, the first person “to treat her as a human with feelings” after a succession of physically and emotionally abusive relationships.
“It was nigh on impossible for her to resist” Pencille’s request for help, he says, “the closeness of her relationship no doubt displacing her judgement”.
He adds that what she did was “at the lower end of the scale” for assisting an offender, saying: “There was no attempt to either interfere with the investigation or evidence, and there was no attempt to hide him in the proper sense.”
Darren Pencille found guilty of murdering Lee Pomeroy - updates
Mitchell 'malleable to persuasion and cajoling'
Charles Falk, for Mitchell, rises to mitigate for his client.
He says her background “made her malleable to persuasion and cajoling” and that she was dependent on Pencille, the first person “to treat her as a human with feelings” after a succession of physically and emotionally abusive relationships.
“It was nigh on impossible for her to resist” Pencille’s request for help, he says, “the closeness of her relationship no doubt displacing her judgement”.
He adds that what she did was “at the lower end of the scale” for assisting an offender, saying: “There was no attempt to either interfere with the investigation or evidence, and there was no attempt to hide him in the proper sense.”
Darren Pencille found guilty of murdering Lee Pomeroy - updates
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Darren Pencille was a member of the South Man Syndicate [SMS] crew in the capital whose members have terrorised the areas of Tooting, Streatham and Thornton Heath since the 1990s.
Man is found GUILTY of murdering father who was stabbed in front of his son on Surrey train | Daily Mail Online
will add this to Kellymary Fauvrelle thread
Man is found GUILTY of murdering father who was stabbed in front of his son on Surrey train | Daily Mail Online
will add this to Kellymary Fauvrelle thread
14:45
Judge rises to consider sentence
Mr Falk ends by inviting the judge to keep Mitchell’s sentence as short as possible, even if she cannot suspend it.
Mrs Justice Cheema-Grubb thanks the jury, and rises to consider her sentence. She will pass sentence this afternoon.
Darren Pencille found guilty of murdering Lee Pomeroy - updates
Judge rises to consider sentence
Mr Falk ends by inviting the judge to keep Mitchell’s sentence as short as possible, even if she cannot suspend it.
Mrs Justice Cheema-Grubb thanks the jury, and rises to consider her sentence. She will pass sentence this afternoon.
Darren Pencille found guilty of murdering Lee Pomeroy - updates
I've just been looking at the likely sentence for assisting an offender, and it depends on the crime the offender committed.
4Penalties for assisting offenders.
F1a relevant offence], any other person who, knowing or believing him to be guilty of the offence or of some [F2other relevant offence], does without lawful authority or reasonable excuse any act with intent to impede his apprehension or prosecution shall be guilty of an offence.
F3(1A)In this section and section 5 below, “ relevant offence ” means—
F4a relevant offence] the jury are satisfied that the offence charged (or some other offence of which the accused might on that charge be found guilty) was committed, but find the accused not guilty of it, they may find him guilty of any offence under subsection (1) above of which they are satisfied that he is guilty in relation to the offence charged (or that other offence).
(3)A person committing an offence under subsection (1) above with intent to impede another person’s apprehension or prosecution shall on conviction on indictment be liable to imprisonment according to the gravity of the other person’s offence, as follows:—
(a)if that offence is one for which the sentence is fixed by law, he shall be liable to imprisonment for not more than ten years;
(b)if it is one for which a person (not previously convicted) may be sentenced to imprisonment for a term of fourteen years, he shall be liable to imprisonment for not more than seven years;
(c)if it is not one included above but is one for which a person (not previously convicted) may be sentenced to imprisonment for a term of ten years, he shall be liable to imprisonment for not more than five years;
(d)in any other case, he shall be liable to imprisonment for not more than three years.
Criminal Law Act 1967
Looks like 3 (a) to me - 10 years max. I wonder if she'll accept the mitigating circumstances put forward. It's not her first offence.
4Penalties for assisting offenders.
F1a relevant offence], any other person who, knowing or believing him to be guilty of the offence or of some [F2other relevant offence], does without lawful authority or reasonable excuse any act with intent to impede his apprehension or prosecution shall be guilty of an offence.
F3(1A)In this section and section 5 below, “ relevant offence ” means—
F4a relevant offence] the jury are satisfied that the offence charged (or some other offence of which the accused might on that charge be found guilty) was committed, but find the accused not guilty of it, they may find him guilty of any offence under subsection (1) above of which they are satisfied that he is guilty in relation to the offence charged (or that other offence).
(3)A person committing an offence under subsection (1) above with intent to impede another person’s apprehension or prosecution shall on conviction on indictment be liable to imprisonment according to the gravity of the other person’s offence, as follows:—
(a)if that offence is one for which the sentence is fixed by law, he shall be liable to imprisonment for not more than ten years;
(b)if it is one for which a person (not previously convicted) may be sentenced to imprisonment for a term of fourteen years, he shall be liable to imprisonment for not more than seven years;
(c)if it is not one included above but is one for which a person (not previously convicted) may be sentenced to imprisonment for a term of ten years, he shall be liable to imprisonment for not more than five years;
(d)in any other case, he shall be liable to imprisonment for not more than three years.
Criminal Law Act 1967
Looks like 3 (a) to me - 10 years max. I wonder if she'll accept the mitigating circumstances put forward. It's not her first offence.
14:57
Arrest footage
British Transport Police has released footage of Pencille’s arrest, during which he asked “What did I do?”
You can see the footage of the arrest here.
Darren Pencille found guilty of murdering Lee Pomeroy - updates
Arrest footage
British Transport Police has released footage of Pencille’s arrest, during which he asked “What did I do?”
You can see the footage of the arrest here.
Darren Pencille found guilty of murdering Lee Pomeroy - updates
15:58
Sentence expected at 4pm
The word is that her ladyship will return in the next few minutes to pass sentence on Pencille and Mitchell.
Stay tuned.
Darren Pencille found guilty of murdering Lee Pomeroy - updates
Sentence expected at 4pm
The word is that her ladyship will return in the next few minutes to pass sentence on Pencille and Mitchell.
Stay tuned.
Darren Pencille found guilty of murdering Lee Pomeroy - updates
16:02
Sentencing begins
Mrs Justice Cheema-Grubb has re-entered court and will now pass sentence.
Pencille stands.
Darren Pencille found guilty of murdering Lee Pomeroy - updates
Sentencing begins
Mrs Justice Cheema-Grubb has re-entered court and will now pass sentence.
Pencille stands.
Darren Pencille found guilty of murdering Lee Pomeroy - updates
16:09
Pencille 'picked on the wrong man'
The judge says: “The simple fact is you picked on the wrong man. He stood up for himself, but when he took that decision he didn’t know about your violent history, he didn’t know you had been diagnosed with paranoid schizophrenia. He didn’t know you had not been taking your anti-psychotic medication.
“He gave as good as he got until you pulled out that lethal weapon.”
She also says: “Anyone who watches the breathtakingly shocking CCTV footage would struggle to understand how you could have claimed to have acted in self-defence against that unarmed man.”
Darren Pencille found guilty of murdering Lee Pomeroy - updates
Pencille 'picked on the wrong man'
The judge says: “The simple fact is you picked on the wrong man. He stood up for himself, but when he took that decision he didn’t know about your violent history, he didn’t know you had been diagnosed with paranoid schizophrenia. He didn’t know you had not been taking your anti-psychotic medication.
“He gave as good as he got until you pulled out that lethal weapon.”
She also says: “Anyone who watches the breathtakingly shocking CCTV footage would struggle to understand how you could have claimed to have acted in self-defence against that unarmed man.”
Darren Pencille found guilty of murdering Lee Pomeroy - updates
16:13KEY EVENT
Life with a minimum term of 28 years
“You will spend the best years of the life left to you in prison, away from your children and those you love,” she says.
Darren Pencille is sentenced to life in prison with a minimum term of 28 years.
Given the time he has already spent in prison, he will spend the next 27 years and 180 days in prison before he can be considered for parole, by which time he will be 63.
Darren Pencille found guilty of murdering Lee Pomeroy - updates
Life with a minimum term of 28 years
“You will spend the best years of the life left to you in prison, away from your children and those you love,” she says.
Darren Pencille is sentenced to life in prison with a minimum term of 28 years.
Given the time he has already spent in prison, he will spend the next 27 years and 180 days in prison before he can be considered for parole, by which time he will be 63.
Darren Pencille found guilty of murdering Lee Pomeroy - updates
16:16
Mitchell 'acting under misguided loyalty'
Pencille has been taken down to the cells.
The judge has now moved on to Mitchell, and says she is sure that Pencille told her what had happened soon after he got off the train at Clandon.
“I’m sure you were acting under misguided loyalty,” she says, “but none of that amounts to any form of excuse.”
Darren Pencille found guilty of murdering Lee Pomeroy - updates
Mitchell 'acting under misguided loyalty'
Pencille has been taken down to the cells.
The judge has now moved on to Mitchell, and says she is sure that Pencille told her what had happened soon after he got off the train at Clandon.
“I’m sure you were acting under misguided loyalty,” she says, “but none of that amounts to any form of excuse.”
Darren Pencille found guilty of murdering Lee Pomeroy - updates
