Two “violent” girl gang members have been spared jail despite teaming up to repeatedly punch a frightened Egyptian student who later died.
Mariam Moustafa suffered a stroke which left her in a coma after the attack “over a boy” on February 20 last year, and died almost a month later on March 14.
Mariah Fraser, 20, Britania Hunter, 18, and a 16-year-old girl, who cannot be named, were part of a “pack” of girls who confronted the 18-year-old victim in a violent episode “fuelled by social media”.
Fraser was ordered to spend eight months in a young offenders’ institution for her part in the attack, after a catalogue of her previous convictions were read to the court, including robbery, attempted robbery and assaulting a police officer.
Despite branding the defendants “aggressive” and “cowardly”, the sentencing judge at Nottingham Crown Court decided not to send them to prison, saying: “The family of Mariam want the maximum possible sentence to be imposed on all those involved in the case.”
The judge added: “Sympathy for their desperate sadness cannot displace a proper, dispassionate approach to sentencing in a court of law.”
“It would only add to the tragedy of this case to put (the girl) into custody.”
Turning to Hunter, the judge said he would not be imposing a custodial sentence as there was “compelling personal mitigation”.
Hunter was given a 12-month community order and told to carry out 40 hours unpaid work, and the 16-year-old girl was remitted back to youth court with a view to a referral order.
Mariam was punched several times during the attack near a bus stop in Parliament Street, Nottingham, at 8pm, while her friend Pablo Jawara tried to protect her.
Six attackers were charged after the incident, including three other teenagers aged 18, 17 and 16, who will be sentenced later this month.
Fraser, Hunter and the 16-year-old girl all admitted affray a week before their trial.
Opening the facts of the case on Thursday, prosecutor Luke Blackburn said the six defendants were not charged with manslaughter because pathologists could not “legally link” the attack and her death.
The court heard how two of the six, the 16-year-old girl and an 18-year-old who will be sentenced later this month, were the main aggressors in the altercation, while the others were either filming the incident or laughing while watching events unfold.
Passing sentence on Friday, Gregory Dickinson QC told the three: “It is important that everyone with an interest in this sad case should understand that the three defendants are to be dealt with for the offence of affray committed on February 20, 2018.
“They were not charged with murder or manslaughter. They are to be sentenced on the basis that their actions, individually and collectively, did not cause the death of Mariam Moustafa.
“This was not an attack motivated by hostility to race or religion. It was to do with a boy.”
The judge continued: “This was a confrontation. Shouting, abuse, threats and finally violence. All in one direction.
“There is a natural, strong suspicion that the stroke was brought on by the actions of the defendants.
“The conclusion was that it could not be proved that there was a causative link between the actions of the defendants and the stroke.”
Three other teenagers, aged 18, 17 and 16, will be sentenced at Nottingham Youth Court on June 19 alongside the 16-year-old girl.