GUILTY UK - Louise Smith, 16, Havant, Hampshire, 8 May 2020 *Arrest*

[Harchmare]

10:41EMMA PENGELLY
Shane Mays

Shane Mays (Image: Hampshire Constabulary )
Shane Mays was 29 in May, but turned 30 by the time he faced trial in November.

The court heard at trial how he has an IQ at the "extremely low range" of 63 – meaning 99 per cent of people at his age range after functioning at a level above him.

He is also in the bottom 0.1 percentile for memory range - a test that examines a person's ability to hold onto information over a short period of time. The result means he 99.9 per cent of people at his age have a stronger working memory than him.

Shane Mays to be sentenced for murdering Louise Smith - live

 

[Harchmare]

10:42EMMA PENGELLY
Proceedings begin
Proceedings have begun and Judge Mrs Justice May is currently hearing about aggravating factors which may influence the sentence handed to Mays.

Shane Mays to be sentenced for murdering Louise Smith - live

 

[Harchmare]

4 minutes ago
‘Tortured by nightmares’
A statement from her father Bradley Smith said he was ‘tortured by nightmares’.

He said: ‘I honestly don’t think I will ever recover from this.’

Live updates as Shane Mays is sentenced for murdering teenager Louise Smith

 

[Harchmare]

4 minutes ago
Discussions over whole life term
Barristers and the judge are discussing what would allow Mrs Justice May to consider passing a ‘whole life’ term.

The judge says she would ‘need to be sure’ that the murder was sexually motivated.

The prosecution say it was a ‘murder involving sexual conduct’ meaning there can be a starting point of 30 years.

The defence say it cannot be said that this was a sexual murder.

Live updates as Shane Mays is sentenced for murdering teenager Louise Smith

 

[Harchmare]

10:56EMMA PENGELLY
Aggravating factors
Prosecutor James Newton-Price QC said:

One could find that the murder involved sexual conduct at some stage.

We say that on the basis of taking a teenage girl to a remote location and the particular way in which her body was treated.

Mr Newton-Price QC, making submissions of aggravating factors to Mrs Justice May, said:

We would submit that due the severe nature of the facial injuries that Louise would have suffered before the attack.

He also referred to a misuse of a position of trust.

The defendant was her uncle and was in loco parentis, and was generally responsible for her welfare and care at the time.

And finally, in relation to those aggravating factors, is the destruction of her body by fire.

Shane Mays to be sentenced for murdering Louise Smith - live

 

[Harchmare]

1 minute ago
Defence say murder was ‘not sexual or sadistic’
Mr Langdon said the court ‘cannot be sure that this was a case that involves sexual or sadistic motivation’.

Louise’s body was found burned and defiled at Havant Thicket.

Live updates as Shane Mays is sentenced for murdering teenager Louise Smith

 

[Harchmare]

3 minutes ago
Judge adjourns for 40 minutes
Mrs Justice May has adjourned until 11.45am, when she will pass sentence.

Live updates as Shane Mays is sentenced for murdering teenager Louise Smith

 

[Harchmare]

11:09EMMA PENGELLY
Summary from defence barrister
Defence barrister Andrew Langdon QC has responded to the aggravating factors put forward.

Mr Langdon QC said:

The court cannot be sure whether it is sexually motivated or whether it involved sexual conduct. That being the case, neither whole life or 30 years as a starting point is appropriate.

We accept that a 15 year starting point is where to start.

This is not a killing that involved a significant degree of planning. It is in the context of something that was unexpected by him.

In other words, there was no planning to murder.

Shane Mays to be sentenced for murdering Louise Smith - live

 

[Harchmare]

2 minutes ago
‘I have been robbed’ - Louise’s father
'My family is in absolute turmoil and we will be for the rest of our lives.

‘My mental and physical health has also been affected with being unable to sleep as I’m tortured by nightmares and I miss my little girl enormously, constantly.

‘I honestly don’t think I will ever recover from this.

‘The best I can hope for is to cope better and I’m positive my family feel the same way. Louise was a beautiful daughter and I have been robbed of what was to be my time with her.’

Live updates as Shane Mays is sentenced for murdering teenager Louise Smith

 

[Harchmare]

11:27EMMA PENGELLY
Mitigating factors
Mr Langdon QC went on to talk about mitigating factors and asked if the court could be sure that Mays had an intention to kill.

He said:

Obviously, there are some cases where the nature of injury can cause no doubt, but in this case it does not. It is equally possible to see a way in which he killed without intending to do so.

As to premeditation, our submission is that the court cannot be sure that he planned to kill her.

Despite mentioning that Mays bears "full responsibility" for his actions, Mr Langdon QC referred to Mays' "mental difficulties", intellectual capacity and his "long-standing personality disorder" as mitigating factors.

He also mentioned he has had no previous convictions, and his mental difficulties mean he "thinks and behaves as someone less mature" than a 30-year-old.

11:30EMMA PENGELLY
Short break
Judge Mrs Justice May has asked for a break in proceedings before she delivers the sentence.

We expect that at around 11.45am.

Shane Mays to be sentenced for murdering Louise Smith - live

 

[Harchmare]

1 minute ago
Court reassembles
Barristers are back in courtroom one, along with Mays in the dock. The public gallery is full - all set to resume.

Live updates as Shane Mays is sentenced for murdering teenager Louise Smith

 

[Harchmare]

11:57EMMA PENGELLY
Awaiting sentence
We are still waiting for Mrs Justice May to return to court to deliver the sentence, we expect that to happen shortly.

Shane Mays to be sentenced for murdering Louise Smith - live

 

[Skigh]

I wonder what the delay is. Defence and prosecution arguing about something?

 

[Alyce]

Unusual to see a delay by a Judge at this stage - particularly as everyone else is back in Court.

 

[Harchmare]

5 minutes ago
Mays jailed
Mays has been jailed for life with at least 25 years to be served.

Sentencing, Mrs Justice May said Mays ‘terribly murdered’ Louise and the death of a vulnerable child was ‘especially grievous’.

The judge said: ‘Louise had been grotesquely and cruelly injured, and her body defiled.’

Live updates as Shane Mays is sentenced for murdering teenager Louise Smith

 

[Harchmare]

12:18KEY EVENT
Prison sentence delivered
Mrs Justice May has handed Mays a minimum prison sentence of 25 years behind bars.

Mays stood for Mrs Justice May as she delivered the sentence. She said:

You will serve a minimum of 25 years, less the 194 days on remand. After that, it will be down to the parole board to determine if and when you are released.

Shane Mays sentenced to minimum of 25 years for murder - live

 

[Harchmare]

Unusual to see a delay by a Judge at this stage - particularly as everyone else is back in Court.

I think it wasn't an easy decision.

 

[Alyce]

Absolutely not long enough

 

[Harchmare]

12:18KEY EVENT
Prison sentence delivered
Mrs Justice May has handed Mays a minimum prison sentence of 25 years behind bars.

Mays stood for Mrs Justice May as she delivered the sentence. She said:

You will serve a minimum of 25 years, less the 194 days on remand. After that, it will be down to the parole board to determine if and when you are released.

Mrs Justice May explained to court that there is no guarantee that Mays will be released after the sentence - this will be down to the parole board.

Mays will be subject to a licence for the rest of his life, meaning he can be returned to prison immediately, and for an indefinite period, if conditions of his release are broken.

Shane Mays sentenced to minimum of 25 years for murder - live

 

[HollyHunter9]

25 years? He'll be out by age 55