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Court weighs if Digwa's 21-year sentence ignores key murder details

Prosecutors argue the killer of Henry Nowak received an unduly lenient term due to his abuse of religious knife privileges and false claims of racism.

By Rafael Collins ·

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A judge must decide if a 21-year minimum prison term adequately punished a young man who murdered an 18-year-old student in Southampton.

Vickrum Digwa, 23, was sentenced in June to life in prison with a minimum of 21 years before release eligibility. The attorney general, Ellie Reeves, has referred the case to the Court of Appeal, labeling the original sentence as unduly lenient. On Thursday, the court also heard Digwa's own argument that the punishment was manifestly excessive. The hearing before Lady Chief Justice Sue Carr, Mr Justice Nicklin, and Mr Justice Wall is scheduled to conclude on that same day.

Prosecutor Jonathan Polnay KC, representing Reeves, argued that the original sentencing failed to account for specific aggravating factors. He cited Digwa's false allegation that Henry Nowak had racially abused him. Digwa claimed Nowak knocked his turban off, a story that led police to handcuff the dying student upon arrival at the scene. Polnay stated that Digwa abused a statutory religious exemption that permitted him to carry a blade in public.

The court heard that Digwa carried a kirpan, a small knife required by Sikhism, along with a large dagger in a sheath associated with his membership in the Nihang order. Polnay told the judges that the case is not about the lawful possession of the kirpan, but about the violent use of the dagger. He described the act as an abuse of trust, noting that Digwa repeatedly deployed the weapon against an unarmed and defenseless stranger.

Additional factors included Digwa's attempts to pervert the course of justice. He filmed Nowak while he was dying and misled first responders. Digwa's mother, Kiran Kaur, 53, was jailed for three years for assisting an offender by retrieving the knife from the crime scene and taking it to their home.

Imran Khan KC, representing Digwa, argued that the sentence could only be increased in exceptional cases involving gross error by the sentencing judge. He noted that the original judge, William Mousley KC, had already aggravated the sentence for the dangerous weapon and the abuse of religious privilege. Khan stated that the false account to police did not worsen the fatal injury or deprive Nowak of a chance of survival. When Lady Carr responded that the situation must have been terrifying for Henry, Khan accepted the point.

Digwa observed the proceedings from HMP Frankland in County Durham, wearing a dark suit, shirt, and tie.

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