Robber who kicked and punched pensioner for cottage pie jailed for his murder | Cameras in court

Key Concepts

• Sentencing in Absence: The legal process of imposing a sentence on a defendant who is not present in court.
• Murder: The unlawful killing of another human being with malice aforethought.
• Robbery: The crime of taking or attempting to take something from another person by force or threat of force.
• Theft: The unlawful taking of another person's property with the intent to permanently deprive them of it.
• Minimum Term: The shortest period a convicted person must serve in prison before being eligible for parole.
• Aggravating Factors: Circumstances that increase the severity of a crime or the culpability of the offender.
• Mitigating Factors: Circumstances that decrease the severity of a crime or the culpability of the offender.
• Vulnerability: A characteristic of a victim that makes them more susceptible to harm.
• Remand: The period a defendant spends in custody awaiting trial or sentencing.
• Parole Board: An independent body that assesses whether prisoners can be released back into the community.

Sentencing of Peter Augustine

Defendant's Non-Attendance and Court's Decision

The defendant, Peter Augustine, did not attend court for sentencing, citing back pain exacerbated by travel in a secure van. This excuse was previously used during the trial. However, inquiries with the healthcare unit at HMP Belmarsh confirmed that his back pain is managed by painkillers and he is fit to attend court. The court found his non-attendance to be voluntary and proceeded with sentencing in his absence. The court noted that the defendant's absence might be a relief to the victim's family, given his disruptive conduct during the trial.

Offenses for Sentencing

Peter Augustine was to be sentenced for:

• Murder: The unlawful killing of John Mackey.
• Robbery: Associated with the murder of John Mackey.
• Theft: A separate offense for which he was convicted in his absence in the magistrate's court on May 3rd, 2025. This involved stealing a backpack containing a mobile telephone while the owner was playing baseball.

Victim Impact: John Mackey

John Mackey was 87 years old at the time of his death. He was described by his niece, Patricia, as a "perfect uncle" – funny, charming, mysterious, and mischievous, with a twinkle in his eye, always immaculately dressed, and fond of his trilby hats. He was deeply involved in his family's lives, taking them to see his beloved Arsenal and introducing them to local pubs. Family was paramount to John, and he enjoyed the laughter and storytelling with his 10 siblings. He lived a happy and fulfilled life until his death. He was a well-known, popular, and respected member of the Cannon community, with many people attending his funeral to share stories about him. He is remembered as a "lovely, kind, generous gentleman" and a "one-off."

Circumstances of the Murder and Robbery

On May 6th, 2025, around 5:00 PM, John Mackey left his flat to go to the Co-op. He purchased cornflakes, milk, and a newspaper, then bought a Savaloy sausage and chips from a takeaway. He packed his purchases into his black holdall bag and began his slow journey home.

Peter Augustine, who was at the takeaway and hungry for a kebab, observed Mr. Mackey. He considered stealing a kebab but decided against it due to the presence of police cars. Instead, he followed Mr. Mackey for some distance. He waited until Mr. Mackey entered a secluded, hedge-lined area of a park before attacking him.

While there were no witnesses to the initial attack, witnesses observed the later stages. They described the defendant repeatedly punching Mr. Mackey with considerable force, shouting, "Give me the bag. Give me the bag." One witness also described a "stomping movement" by the defendant. Mr. Mackey sustained multiple areas of impact trauma to his head, neck, and body, including external bruising and abrasions, deep muscle bruising, two rib fractures, and a bleed on the brain. He died from his injuries on May 8th, 2025.

The court concluded that the defendant attempted to grab Mr. Mackey's bag. When Mr. Mackey held on, the defendant lost his temper and attacked him with excessive force, far beyond what was necessary to steal the bag.

Defendant's Conduct and Background

The defendant's behavior during the trial was characterized by a lack of temper control. He frequently refused to attend court, and when present, he was disruptive, shouting angrily, and was insulting, abusive, and aggressive towards prosecution counsel. His behavior was so extreme that he was excluded from court while giving evidence, despite repeated warnings. This behavior caused further distress to Mr. Mackey's family.

Peter Augustine, born October 25th, 1966, is 59 years old. His legal team arranged for a psychiatric assessment, but he refused to attend. His medical records show no engagement with mental health services.

His criminal history includes convictions for serious violence, including robbery and grievous bodily harm with intent, when he was younger. After a period of over two decades without further offenses, since 2016 he has been convicted of racially aggravated public order offenses, assault, criminal damage, and theft.

Sentencing Framework and Determination

The mandatory sentence for murder is life imprisonment. The court must set a minimum term under Schedule 21 of the Sentencing Act 2020, which is the period the defendant must serve before being considered for release by the parole board.

Starting Point Determination:

• The court considered a starting point of 30 years for murder committed in the course of a robbery, as suggested by statute.
• However, the court found that while the attack began with the intention to steal the bag, the extreme violence was a result of the defendant losing his temper, not necessarily a pre-meditated intent to kill for gain.
• The case lacked features of very high gravity such as weapons, planning, and high financial rewards seen in the most serious cases.
• Therefore, the court set a starting point of 15 years for the murder.

Aggravating Factors:

• Robbery: An aggravating feature of the murder.
• Vulnerability of the Victim: John Mackey was particularly vulnerable due to his age, limited mobility, and early-stage Alzheimer's disease. The court was sure he was targeted because he was frail, describing it as a "cowardly attack."
• Lack of Remorse: The defendant showed no remorse.
• Excessive Violence: The violence used against Mr. Mackey was excessive, causing him pain and fear during an attack accompanied by loud shouting.
• Previous Convictions: Previous convictions for violent offenses are an aggravating factor, though some were committed many years ago and none were as grave as this attack.

Mitigating Factors:

• Uncertainty of Intent to Kill: The court could not be sure that the defendant intended to kill John Mackey, although punching a frail elderly man, especially to the head, is inherently dangerous. This offered little mitigation.
• Refusal of Psychiatric Assessment: The court did not accept the submission of an undiagnosed mental illness, as the defendant refused assessment and there was no supporting evidence in his medical history or from healthcare professionals.

Robbery Culpability:

• The robbery was assessed as falling into the highest level of culpability due to the significant force used.
• The harm caused was also at the highest level.
• The starting point for the robbery alone was 8 years, with a range of 7 to 12 years.

Imposed Sentences

• Theft (May 3rd, 2025): Four weeks imprisonment.
• Robbery of John Mackey: Eight years imprisonment.
• Murder of John Mackey: Life imprisonment.

The sentences for theft and robbery will be served concurrently with the minimum term for murder.

Minimum Term Calculation

• The minimum term for murder was set at 23 years.
• The defendant had spent 203 days on remand, which counts towards his sentence.
• Therefore, the adjusted minimum term is 22 years and 162 days.

The defendant will only be released at the end of this minimum term if the parole board determines he no longer poses a risk to the public. The court noted that "that day may never come."

The court also stipulated that if the remand information is inaccurate, the prosecution or defense must notify the court within 56 days for correction. A victim surcharge will be calculated and collected administratively.

Acknowledgements

The court thanked all counsel for their calm professionalism and paid tribute to the family of John Mackey for their dignified patience throughout the trial and the ongoing distressing time.