A bid to increase the sentence of Darlington dad Simon Vickers after he stabbed his daughter to death has been rejected.
The Solicitor General submitted an unduly lenient sentence referral to the Attorney General's Office (AGO) after he was told he would serve a minimum term of 15 years following Scarlett’s murder.
The 50-year-old was convicted of murder after he inflicted the fatal stab wound when they were messing around in the kitchen of their home on Geneva Road last July.
Vickers was sentenced to life imprisonment after Scarlett died as a result of significant blood loss after the kitchen knife pierced her heart, the Royal Courts of Justice heard.
The Solicitor General’s office, represented by Louise Oakley, called for the sentence to be increased maintaining that the trial judge, Mr Justice Cotter, had not fully taken into account the use of a weapon.
Lord Justice Stuart-Smith, sitting with Mr Justice Goose and Mrs Justice Eady, ruled that the original sentence was not unduly lenient and said the judge had rightly acted in a ‘humane’ and ‘merciful’ manner.
“The judge clearly had in mind that the offender picked up the knife and used in the spur of the moment in a domestic context,” he said.
“There can be no criticism of the judge’s summary of the mitigating features of the case. He was not merely justified but clearly right in his description of the offending being immediately devastated by what he had done and he has since been a broken man.”
The senior judge said the submission from the Solicitor General’s office about the use of the knife not being taken into account was not correct.
He added: “It becomes clear that this was a justifiable and humane resolution to a very difficult sentencing exercise the judge faced.
“It is properly described as merciful and for these reasons we refuse the application.”
In February, Mr Justice Cotter described Vickers as a broken man after killing his only child and he will have to live with that for the rest of your life.
"Only you know what happened in that kitchen that night," the judge said.
Passing sentence, he said the jury was sure that he intended to cause really serious harm - 'it was a momentary and devastating act of anger'.
accepted the defendant was “devastated” and he was a “broken man”.
He said: “You have lost your only child at your own hand and you will always live with that awful fact.”
The judge took into account this was a momentary act, with no premeditation and no intention to kill.
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He said: “Simon Vickers, only you know precisely what happened in that kitchen on that Friday evening which led to you fatally stabbing your only daughter at what should have been the safety of her own home.”
Mr Justice Cotter said: “It was a momentary but devastating act of anger. It stole one young, precious life, ruined your life, your wife’s life and Scarlett’s relatives and friends.
“The clock cannot be turned back and you must now face the consequences that the law intends.”
Vickers of Geneva Road, Darlington, was sentenced to life imprisonment with a minimum term tariff of 15 years.
