A serial offender who stalked and murdered Zara Aleena has appealed to have his jail term reduced – by arguing his attack was “opportunistic”, a court has heard.
Lawyers for Jordan McSweeney claimed his life sentence – with a minimum term of 38 years – was excessive because the judge in the case had wrongly factored in “aggravating features”.
McSweeney targeted at least five women before he turned his attention to 35-year-old Ms Aleena as she walked home from a night out early on 26 June 2022, grabbing her from behind and dragging her into a driveway.
The 29-year-old man was jailed in December 2022 after pleading guilty to sexually assaulting and murdering the law graduate in Ilford, east London.
McSweeney refused to attend court for his sentencing but did appear for the first 45 minutes of the latest hearing, at the Court of Appeal on Friday, via videolink from Long Lartin prison in Worcestershire.
His barrister George Carter-Stephenson KC told the court: “At the outset, can I make it clear that it is accepted that the attack and murder in this case was particularly savage and brutal, and nothing I intend to say in this address is in any way meant to detract from that.”
But he said the sentencing judge, Mrs Justice Cheema-Grubb, had wrongly factored in the “aggravating features” in the case, and argued the murder was not premeditated.
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He told the court: “He was obviously stalking women on that night, following them and looking for an opportunity.
“The attack was an opportunistic act rather than anything that was planned in advance, though there was clearly a sexual encounter in mind. He planned to look for a sexual encounter, with or without consent.”
‘Suffering was limited’
Mr Carter-Stephenson later said “the resistance put up by the victim” caused “the level of aggression to rise” during the assault.
“I don’t mean to put any blame on the victim at all,” he added.
The hearing was paused after around 45 minutes when McSweeney disappeared from the screen.
An unnamed prison officer, who appeared on the videolink, said: “He’s heard enough and has got everything he requires in his cell.”
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The panel of appeal judges, which included Lady Chief Justice Lady Carr, Mrs Justice McGowan and Mrs Justice Ellenbogen, were told Ms Aleena fell unconscious during the early stages of McSweeney’s attack.
Mr Carter-Stephenson continued: “Given the nature of the attack… the time for the suffering of this victim was limited. That, to some extent, must impact how one views that as an aggravating feature.”
The barrister also said McSweeney had attention deficit hyperactivity disorder (ADHD), which he argued should have been taken into account during sentencing.
“They are wired somewhat differently than most people. They are impulsive… their behaviour is less predictable,” he said.
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‘Lack of remorse’
However, Oliver Glasgow KC, for the Crown Prosecution Service, said the suggestion McSweeney had not intended to kill Ms Aleena was “unsustainable”.
He said McSweeney had spent two hours stalking several women, before turning his attention to Ms Aleena.
Mr Glasgow told the court he “wanted to avoid any risk that he could subsequently be identified by any victim”.
The barrister added: “This was not a moment of impulsive aggression. It was a considered act and the product of hours of pursuing women along the streets.
“There was nothing that Zara Aleena did that provoked the violence that was given to her.”
Mr Glasgow told the court there had been no expression of remorse from McSweeney and noted he did attend his sentencing and also left his appeal hearing early.
“This lack of remorse has been borne out for over a year,” the barrister said.
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‘Hours of planning’
Mr Glasgow added in written submissions: “The sexual assault of Ms Aleena was the culmination of hours of planning and premeditation.”
The attack on Ms Aleena, caught on grainy CCTV, lasted nine minutes and resulted in 46 separate injuries.
Ms Aleena, who was training to be a solicitor, was found struggling to breathe and later died in hospital.
Lady Carr told the court a decision on the appeal would be given in writing “as soon as possible”.
McSweeney was known to police as a serial offender and had 28 previous convictions for 69 offences, including burglary and assault. He was released from prison on licence just nine days before the murder.
After Ms Aleena’s death, a damning report found a catalogue of errors in the Probation Service’s handling of his case.
