Quality | 2009.10.27
Baby P lodger wins sentence appeal
Jason Owen, found guilty of allowing or causing death of 17-month-old Baby Peter, wins appeal against original sentence
One of three people jailed over the death of Baby Peter could be released from prison in less than two years, after winning an appeal against his indefinite sentence today.
Jason Owen, 37, was originally given an indeterminate sentence for the protection of the public, with a minimum term of three years, for causing or allowing the death of the 17-month-old boy.
But three judges at the court of appeal in London replaced it with a sentence of six years imprisonment after ruling he was not a significant enough risk to the public to warrant the open sentence.
"His present offence is deeply unpleasant because a completely innocent child who he could have protected was not protected by him against harm by others," Lord Justice Hughes said as the indeterminate sentence was quashed.
"He displays a willingness to deceive ... which is unattractive, but to translate that into a significant risk that he will himself in the future commit offences involving death or serious personal injury to the public is ... simply a step too far."
Owen, of Bromley, Kent, was jailed along with Peter\'s mother, Tracey Connelly, 28, and Steven Barker, 33, her boyfriend and Owen\'s brother.
Barker was found guilty of causing or allowing the child\'s death, while Connelly pleaded guilty to the charge.
Baby Peter, who had been on the at-risk register and received 60 visits from social workers, doctors and police over eight months, was found dead in a blood-spattered cot in August 2007. He had more than 50 injuries, including fractured ribs and a broken back. Owen had been staying at Connelly\'s home in Haringey, north London.
The minimum term offenders must serve in custody is half their sentence, meaning Owen could be released on licence, under supervision of the probation service, after three years behind bars. He has already spent 289 days in custody on remand before he was sentenced in May, and five months in jail since then, meaning he will be eligible for release in around 21 months.
Hughes said Baby Peter had suffered a "distressing catalogue" of injuries and Owen had failed to do anything about what was happening to the child at someone else\'s hands.
The NSPCC children\'s charity said it believed the sentence was too short. "We, and doubtless many others, question whether the punishment fits the crime," Andrew Flanagan, the charity\'s chief executive, said. "We fear it does not. After sentencing was announced, the NSPCC asked the attorney general to consider an appeal against the original sentence.
"Perhaps in the light of the appeal court\'s decision, she may well now want to reflect that the decision not to do so was wrong. A great responsibility is now placed on the shoulders of those who will supervise this man on his release to ensure he does not pose a risk to children or anyone else."
Peter\'s mother, who was jailed indefinitely with a minimum term of five years, has dropped an appeal against her sentence. Barker was jailed for 12 years and also for life with a minimum term of 10 years after being convicted of raping a two-year-old girl. He is appealing against the rape conviction.
The Ministry of Justice said it did not comment on individual cases.
For more information, please visit
http://www.guardian.co.uk/society/2009/oct/27/baby-p-peter-jason-owen-appeal
