Family slams ‘broken justice system’ as killer avoids prison for murdering mother of his child
A cannabis addict who killed his girlfriend then drove around with her body in the passenger seat is entitled to claim hundreds in benefits despite being detained in a secure hospital, according to reports.
Gogoa Tape, 28, strangled Kennedi Westcarr-Sabaroche, 25, the mother of his young child, in her car in Hackney, east London, in April last year but was allowed to plead guilty to manslaughter with diminished responsibility rather than murder.
As a result, he was handed a hospital order under the Mental Health Act rather than a prison sentence and, shockingly, reportedly has access to Universal Credit whilst detained.
The victim’s devastated family have written to Prime Minister Sir Keir Starmer calling for an urgent meeting to address what they see as fundamental flaws in the justice system that allowed their daughter’s killer to avoid prison.
Linda Westcarr, mother of Kennedi, said: “My daughter’s killer was spared prison, yet we have to serve a life sentence of grief. The justice system failed Kennedi, it failed her little girl and it has failed women across this country.”
She added: “At the time where the Government is reportedly set to halve violence against women and girls, I am calling for an urgent meeting with the Prime Minister and the new Home Secretary and Lord Chancellor.”
The grieving mother condemned the lack of transparency throughout the legal process, saying: “There are so many parts of this case that point to discretion and judgement, and discretion and judgement does not have a place behind closed doors. We need action, not more broken promises.”
Inner London Crown Court heard that Tape strangled Ms Westcarr-Sabaroche on the evening of 5 April 2024, causing her death by “manual compression to the neck”. The 25-year-old had also been punched several times and had defensive wounds suggesting she tried to fight off a knife attack.
After killing her, Tape drove around with her body before confessing to his brother the following morning. It was his brother who checked the car and reported the incident to police at 6:42am on 6 April.
The court heard that Tape and Ms Westcarr-Sabaroche had met as teenagers in college about 10 years ago. Judge Freya Newbery told Tape their young daughter was “the victim of what you did, not just at the time, but she has to carry that around with her, her whole life; her father killed her mother”.
The defendant’s mental health had declined from 2023, with Tape becoming paranoid and jealous, the court was told. He had some contact with mental health services that year and was warned to abstain from cannabis, which he had smoked since 2014.
Judge Newbery, who handed Tape a hospital order under Section 37 of the Mental Health Act with a restriction order under Section 41, meaning he can be detained indefinitely, said he was at the time of the attack an “undiagnosed schizophrenic” who held “paranoid delusions”.
About 40 of Ms Westcarr-Sabaroche’s loved ones attended the sentencing at Inner London Crown Court, with some walking out when statements by the defendant’s family were read describing him as a loving person before his mental health deteriorated.
Speaking outside court after the sentencing, Linda Westcarr said: “Devastated at the outcome that Judge Newbery handed down today, the sentence today, which was a whole hospital order without any penal element, no punishment.”
She continued: “Although I don’t dismiss mental health and the challenges and struggles that people face, we still feel justice has not been served. Absolutely betrayed by the system. The system has failed us in many ways; failed to support us, failed to explain to us the decisions that they have made.”
The family condemned being “dictated to” rather than consulted throughout the process. Ms Westcarr’s brother, Leon Westcarr, told reporters the family feels let down by the lack of transparency they experienced throughout proceedings.
The mother demanded that the justice system recognise families as having a voice, stating: “The justice system is very closed and they forget about the families and the victims and that is key to this.”
In a powerful statement, she declared: “This case exposes the brokenness of our justice system; a killer who planned his actions avoids prison and receives treatment instead; a prosecution that failed to fight for justice or for the truth; a family silenced, even in our victim personal statements restricted in what we were allowed to say.”
The family have demanded an urgent review of Tape’s sentence for undue leniency and meetings with the Prime Minister, Home Secretary, Lord Chancellor and Director of Public Prosecutions to answer for what they see as failures.
“We will not be silenced, we will fight not only for justice for Kennedi, but to protect other women and girls,” Ms Westcarr said.
The case has drawn comparisons to that of Valdo Calocane, who was also given a hospital order after admitting manslaughter by diminished responsibility for three fatal stabbings in Nottingham in 2023, sparking similar outrage from victims’ families.
Detective Inspector Aytac Necati from the Specialist Crime North team, who led the police investigation, said: “This is a tragic incident and our thoughts remain with Kennedi’s family and friends as they continue to process what happened. This young woman’s life was cruelly cut short.”
A Government spokesperson said: “Our deepest sympathies are with the family of Kennedi Westcarr-Sabaroche. We are committed to halving violence against women and girls in a decade, building a justice system that fundamentally reduces offending, supports victims of these crimes and gets justice for families.”
The case highlights ongoing concerns about the use of diminished responsibility pleas in cases of violence against women and the treatment of victims’ families within the justice system.
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