Boe Barton: Teen who murdered Sheffield dad may spend less time behind bars after successful appeal

A teenager sentenced to life imprisonment for murdering a Sheffield man may now spend less time behind bars, after the minimum term of his sentence was reduced on appeal.

Anthony Sumner, a 'loved' son, brother, dad, grandad and grandson, suffered fatal injuries after being stabbed and attacked with a machete during a violent assault carried out on Windy Lane in the Manor area of Sheffield on July 29, 2021.

In March 2023, Richard Sampson and juvenile defendant, Boe Barton, then aged 17, were both sentenced to life imprisonment, after the pair were found guilty of Mr Sumner's murder at the conslusion of Sheffield Crown Court trials.

The court was told how the attack on Mr Sumner was carried out by Barton and Sampson, with Sampson armed with a machete, while Barton wielded a knife. The pair cornered a defenceless Mr Sumner in a garden, and set about inflicting the knife wounds that ultimately cost him his life.

At the conclusion of the sentencing hearing, Judge Peter Kelson fixed Barton's minimum term at 18 years' detention at His Majesty's Pleasure, after finding that his decision to stab Mr Sumner repeatedly where he did, showed his determined intent to cause the victim really serious bodily harm, even if he did not intend to kill. Sampson, then aged 50, was handed a minimum term of 28 years.

In English law, it is not necessary to prove that a defendant set out to kill for them to be convicted of murder, it is 'sufficient if it is established that the defendant had an intent to cause really serious bodily injury'.

When sentencing Barton and Sampson, Judge Kelson also stated there had been a 'degree of planning, or pre-meditation' prior to the 'fatal ambush,' and cited the fact both Barton and Sampson, formerly of Prince of Wales Road, near Woodthorpe, Sheffield, took knives to the scene, and both offenders wore masks, and also disposed of their weapons in the wake of the murder.

An appeal against the length of Barton's minimum term went before Lady Justice Macur, Mr Justice Holgate and Mrs Justice Ellenbogen DBE at the Court of Appeal.

Barton's appeal was successful, and Court of Appeal judges agreed to reduce his minimum term from 18 years to 16.

In their published judgment, the judges said they had made the decision after 'anxious consideration' led them to conclude Judge Kelson 'did not give sufficient weight to the overall effect' of matters surrounding the young age of Barton, who was just 15 years and five-months-old at the time he participated in the fatal attack.

Their judgment states: "The appellant had not long paused his 15th birthday when he committed the murder...more importantly, there was also his immaturity relative to chronological age, his upbringing as summarised in the pre-sentence report, his vulnerability to being swayed by other, particularly older, people and Sampson’s leading role and influence on the appellant."

All of the matters, when taken together, meant the resultant minimum term was 'manifestly excessive,' the judgment continues.

The judges also stated, however, that they agreed with Judge Kelson concerning Barton's intention to inflict really serious harm.

They stated that in their judgment,' the nature of the repeated blows to the chest inflicted by Barton mean that his intention fell not far short of an intention to kill'.

"He was determined to inflict grave harm. This was not impulsive behaviour," they said.  

An unsuccessful appeal against the length of Sampson's 28-year minimum term also went before the high court judges during the same hearing.

Their judgment states: "It is not arguable that the minimum term imposed on Sampson was manifestly excessive. Accordingly, the renewed application for leave to appeal against sentence is refused."

Speaking as Barton and Sampson were sentenced last year, Mr Sumner’s mother said: "This was heartbreaking, my children should be the ones burying me, not me burying my son."

She continued: "I can’t believe my son’s life was taken in this brutal way…my Anthony was no angel, but he had a heart of gold, and would not hurt anyone."

The minimum term of a life sentence is the shortest amount of time a defendant who has received the mandatory life sentence for the offence of murder can serve in custody.

The offender will be released only once they have served the minimum term and if the Parole Board is satisfied that detaining the offender is no longer necessary for the protection of the public. If released, an offender serving a life sentence will remain on licence for the rest of their life.