The killer of Henry Nowak should have received a longer sentence after "abusing the privilege" afforded to Sikhs to carry knives in public for religious reasons, the Court of Appeal has heard.
Vickrum Digwa, 23, "repeatedly deployed" a ceremonial knife against Mr. Nowak, 18, stabbing him multiple times in Southampton on December 3. As Mr. Nowak lay dying, Digwa falsely told police his victim had racially abused him, leading to Mr. Nowak being arrested before medical attention was sought.
The killing later sparked unrest after police body-worn footage emerged showing officers handcuffing Mr. Nowak as he repeatedly stated "I've been stabbed." One officer's response on the footage was: "Don't think you have, mate."
Digwa was sentenced to life in prison with a minimum term of 21 years in June. However, he is appealing his sentence as "manifestly excessive," while the Attorney General has referred the sentence to the Court of Appeal as "unduly lenient."
In submissions on behalf of the Attorney General, Jonathan Polnay KC argued that Digwa "abused a statutory religious exemption" by carrying a substantial bladed weapon and repeatedly using it against an "unarmed and defenceless stranger." The submissions noted that this was an aggravating factor of particular weight when the protected article was used for "repeated lethal violence."
Mr. Polnay also highlighted additional aggravating factors, including Digwa's attempts to pervert the course of justice, his false allegation of racism, his mother's assistance in concealing evidence, and his "degradation of the dying victim by filming him."
Digwa's legal team argued that while the law permitting Sikhs to carry knives did not allow for murder, the sentencing judge had already considered the dangerous weapon and the abuse of religious privilege. Digwa's defense also contended that his false account to responders did not worsen Mr. Nowak's fatal injury.
At Digwa's sentencing hearing, Judge William Mousley KC acknowledged the responsibility that comes with the religious privilege of carrying bladed articles. Digwa was carrying a kirpan, a requirement for Sikhs, and a larger dagger due to his membership in the Nihang order.
Digwa watched the hearing from prison, while members of Mr. Nowak's family attended in person, expressing that Digwa's challenge to his sentence "doesn't feel fair."
Mr. Nowak's stepmother, Katie Nowak, stated, "It's another process that we've got to go through. It's another fight that we have to have. It was a very clear verdict. It's not right that he's allowed to do this."
The hearing was briefly paused due to a fire alarm at the Royal Courts of Justice. A judgment is expected on Thursday afternoon.
In related proceedings, Digwa's mother, Kiran Kaur, was sentenced to three years in prison for assisting an offender by hiding the murder weapon. However, she is expected to be released early next month under a government scheme, having served just one year of her sentence. Mr. Nowak's family has called this timing "particularly cruel" as it is close to the first anniversary of his death, and they have urged the government to reconsider the early release scheme.
