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NextImg:Teenager who killed elderly dog walker will not have manslaughter sentence extended

A teenage boy who killed an elderly dog walker in a Leicestershire park will not have his sentence for manslaughter changed.

Bhim Kohli, 80, was punched and kicked, slapped in the face with a shoe and racially abused in an attack in Franklin Park, Braunstone Town, near Leicester, on September 1 last year, and died the next day.

The 15-year-old, who cannot be named for legal reasons, was convicted of manslaughter and sentenced to seven years’ custody in June.

Bhim Kohli

The grandfather was walking his dog Rocky in the park when he was attacked and killed

| PA

The Solicitor General, Lucy Rigby, referred the sentence to the Court of Appeal under the unduly lenient sentence scheme.

At a hearing on Wednesday, Lady Justice Macur, sitting alongside Mrs Justice Cutts and Mr Justice Murray, ruled that the boy’s sentence was neither unduly lenient nor manifestly excessive.

She said: "We consider that the judge conscientiously executed the necessary sentencing exercise and conveyed his remarks to offender and co-defendant with great skill. We do not find that the sentence was unduly lenient."

Of the attempt to reduce the sentence, she said: "The sentence was a very significant sentence and necessarily so.

"It is entirely warranted by the seriousness of the offence. It is unarguable that the sentence was manifestly excessive."

Franklin ParkMAPPED: Franklin Park in Braunstone Town - where Bhim Kohli was killed | GOOGLE

Paul Jarvis KC, for the SG, said that although the sentencing judge did not identify a high risk of death, he did say there was a high risk of very serious harm. He added: "We say, if not unduly lenient, most certainly not manifestly excessive."

Balraj Bhatia KC, for the boy, told the court that Kohli’s frailty meant “little or no force was required” to kill him.

He said: "Sadly, the vulnerability of the deceased’s neck was such that had he spent a day on his beloved allotment and fallen accidentally, the result would have been the same."

The boy was convicted after a six-week trial in June at Leicester Crown Court, alongside a 13-year-old girl who also cannot be named.

She encouraged the attack by filming parts of it while laughing, with video clips showing the balaclava-clad boy hitting Kohli with a shoe. Another clip showed Kohli lying on the ground motionless.

Police also recovered a video from her phone of a group of children "confronting" an unknown man on a separate occasion, who was hit to the back of the head and called a "P*** bastard" while she was heard laughing.

The girl was sentenced to a three-year youth rehabilitation order by Justice Turner and her sentence was not referred to the Court of Appeal.

Kohli’s children found him lying on the ground in agony and he told his daughter he had been called a "P***" during the attack, the court heard during the trial.

Jurors also heard the boy say in his evidence that he had a "tussle" with Kohli over his slider shoe before he slapped the elderly man with it out of "instinct", which caused the pensioner to fall to his knees, but he denied kicking or punching him.