Rakesh Bhayani found guilty of the murder of Caroline Waugh

Rakesh Bhayani found guilty of the murder of Caroline Waugh

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Taken from BBC News
Taken from BBC News

Bhayani, 41, was convicted at the Old Bailey on 27 November 2013. He had previously pleaded guilty to perverting the course of justice and conspiracy to defraud. Nicholas Kutner, 48, was convicted of perverting the course of justice and had already pleaded guilty to conpiracy to defraud.

A Mr Khoury, 40, was acquitted of conspiracy to defraud.

Facts

Ms Waugh was an escort and met Bhayani through that work. The court heard that she considered Bhayani a friend and had visited him in prison. The prosecution stated that there had been an intimate relationship between the two at one point in the past.

Ms Waugh was stabbed in the neck in her central London flat. Thereafter, her body was hidden.

Ms Waugh had lent Bhayani about £40,000. An estate agent who gave evidence at the trial stated that in addition to that sum, Bhayani also owed him £17,000.

It appeared that after murdering Ms Waugh, Bhayani attempted to create the impression that she was still alive by sending text messages from her phone. These included messages to the estate agent, arranging to meet in order to hand over money owed. At the last minute, a message from Ms Waugh’s phone would be sent to the estate agent explaining that she could not attend and she had sent her friend (Bhayani) instead.

Bhayani told the estate agent that Ms Waugh had moved out of London in order to care for her sick mother. Thereafter, there was suspicious activity around Ms Waugh’s bank accounts and the police began to investigate. Ms Wuagh’s flat was fraudulently leased and cleared of all her belongings before attempts were made to sell it. Applications for bridging loans and remortgage were made in the sums of £250,000 and £400,000. It is presumed that these were not successful, judging by the descriptions in the news reports.

The news reports state that Bhayani was accused of taking £1m of her assets.

Bhayani had rented a lock up garage in south west London. When the garage was eventually searched, a VW Golf was found inside, inside which was Ms Waugh’s decomposed body.

The BBC reported: Det Ch Insp Justin Davies said after the case: “Bhayani is a confidence trickster who murdered her with the sole intention of stripping her assets and the belongings she had worked hard for.

Sentencing

Sentencing was adjourned so that Ms Waugh’s family could attend.This is an interesting move as it perhaps demonstrates a new approach in how the families of victims may be treated in cases of homicide.Is this yet a further move to put the victim (and their family) at the centre of criminal justice?

The sentence for murder is mandatory life imprisonment. The Judge must set a minimum tariff which must be served before Bhayani can be considered for release by the parole board.

Setting the tariff is a complicated exercise. Reference will be made to the starting points listed in CJA 2003 Sch 21. More information on those starting points can be viewed here.

The starting point will be 30 years – that is because the murder was ‘done for gain’. From there, the Judge will have to assess the aggravating and mitigating factors.

The planning and  the concealment of the body are statutory aggravating factors. The Judge may also wish to take account of the fact that there was an element of breach of trust, in that Ms Waugh regarded Bhayani as a friend. In addition, the use of a knife (which in itself would attract a starting point of 25 years if taken to the scene) will also aggravate the offence.

Bhayani’s previous convictions, of which we know little, are unlikely to have a great impact upon the sentence.

1 COMMENT

  1. Why do you find it necessary further to repeat the name of the acquitted co-defendant?

    Why are not *all* defendants entitled to anonymity unless convicted?

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