The Lady Chief Justice Lady Carr, sitting with Mrs Justice McGowan and Mrs Justice Ellenbogen, said: “Having correctly found that Ms Aleena must have been rendered unconscious at an early stage in the attack, the judge had lacked a sufficient evidential basis on which to be sure that there had been additional mental or physical suffering such as to justify an increase in the 30-year starting point.”
McSweeney’s barrister George Carter-Stephenson KC said: “At the outset can I make it clear that it is accepted that the attack and murder in this case was particularly savage and brutal, and nothing I intend to say in this address is in any way meant to detract from that.”
The barrister said the sentencing judge, Mrs Justice Cheema-Grubb, had wrongly factored in the “aggravating features” in the case.
Mr Carter-Stephenson said it was accepted there was a sexual motive to the crime, but argued the murder itself was not premeditated.
‘An opportunistic act’
He added: “The attack was an opportunistic act rather than anything that was planned in advance, though there was clearly a sexual encounter in mind.
“He planned to look for a sexual encounter, with or without consent.”
However, Oliver Glasgow KC, for the Crown Prosecution Service, said the suggestion McSweeney had not intended to kill Ms Aleena was “unsustainable”.
He told the court McSweeney had spent two hours stalking several women before turning his attention to Ms Aleena.
Mr Glasgow said in written submissions: “The submission that the intention to murder Ms Aleena was formed ‘on the spur of the moment’ flies in the face of the applicant’s behaviour preceding the violence.
“The sexual assault of Ms Aleena was the culmination of hours of planning and premeditation.”