Murder of Sophie Lancaster - Trial and Aftermath

Trial and Aftermath

On 6 September 2007 the five suspects were charged with murder at Burnley Youth Court, three were let out on bail, two boys aged 15 and 17 from Shawforth, and a 17-year-old boy from Bacup. On 18 October at Burnley Youth Court all five were committed for trial at Preston Crown Court. A preliminary hearing was held on 31 October 2007, where the five accused faced a charge of murder for the death of Lancaster and a charge of grievous bodily harm with intent for the assault on Maltby. A further plea and case management hearing was ordered by Judge Anthony Russell QC for 14 December. The judge also indicated a provisional trial date, on both allegations, of 10 March 2008. At the hearing on 14 December 2007 the five accused pleaded not guilty on both charges.

At the beginning of the trial on 10 March 2008 all the accused admitted being guilty on the charge of grievous bodily harm with intent, Ryan Herbert pleaded guilty to murder, Brendan Harris pleaded not guilty to murder, while the murder charges against the other three were withdrawn. As the trial opened the prosecution told the hearing: "Sophie and Robert were singled out not for anything they had said or done, but because they looked and dressed differently." The jury heard extensive descriptions of severity of the attack from a number of witnesses and through a recorded phone conversation taken at the time.

At the conclusion of the trial on 27 March 2008, Brendan Harris was found guilty of murder, and the judge ordered the names of both Harris and Herbert, which had been concealed during the trial, to be made public. Detective Supt. Mick Gradwell of Lancashire Police said it was one of the most violent murders he had come across in his lengthy career: "I do not think Herbert and Harris have recognised how violent the attack was. They have just done it without thinking, but they seemed to have enjoyed it, and carried on remorselessly kicking at two very defenceless people who were unable to protect themselves because of the level of violence inflicted upon them... I am very critical of some of the parents involved. I really don't think they have taken completely seriously how repulsive this incident was..." He said that when Harris was initially interviewed about the assaults he was "laughing and joking" with his mother.

Sentencing in the case was set for 28 April 2008. Both Harris and Herbert were sentenced to life imprisonment with the trial judge recommending that Harris should serve at least eighteen years and Herbert at least sixteen years and three months. In his closing remarks the judge described the attack as "feral thuggery" which raised serious questions about the "sort of society which exists in this country". He added: "This was a terrible case which has shocked and outraged all who have heard about it. At least wild animals, when they hunt in packs, have a legitimate reason for so doing, to obtain food. You have none and your behaviour on that night degrades humanity itself."

The three other defendants were also sentenced for their role in the attack. Brothers Joseph and Danny Hulme, and Daniel Mallett, who had all earlier pleaded guilty to grievous bodily harm with intent on Maltby, were jailed. Mallett was sentenced to four years and four months, and the Hulme brothers for five years and ten months each. On 13 June 2008, it was reported that all the defendants were appealing against the sentences set for their convictions. The appeal was heard on 7 October 2008 with an announcement that the result would be released at a later date. On the 29 October the results of the appeal were announced. Ryan Herbert had his minimum term reduced from sixteen years and three months to fifteen years and six months, a reduction of nine months after the appeal judges ruled not enough allowance had been made for his guilty plea in the initial trial. Brendan Harris and the three other defendants failed to obtain any reduction in their sentences.