THE mother of a student beaten to death for dressing like a Goth has spoken of her relief after one of her daughter’s killers failed to get his prison sentence reduced.

Sylvia Lancaster said she would have been ‘absolutely devastated’ if Ryan Stephen Herbert had walked free from prison early after killing her daughter Sophie, 20, in a ‘sustained and vicious’ attack.

Herbert, now 25, was one of two 15-year-old teens found guilty of murdering Haslingden gap year student, Sophie, in Bacup’s Stubbylee Park in 2007.

He was jailed for a minimum of 18 years but that was reduced by two years for a guilty plea and a further nine months after an application to the Court of Appeal.

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Mrs Lancaster, who set up The Sophie Lancaster Foundation in her daughter’s memory to change the law around hate crime, said: “I am really pleased it failed.

“I would have been absolutely devastated if Herbert had got any time off his sentence.”

Herbert had applied to the High Court for a further reduction on the grounds that he had made ‘exceptional and unforeseen progress during sentence’.

But that was dismissed by Mr Justice Langstaff, who heard evidence that Herbert had been involved in multiple fights since his incarceration, one of which involved him kicking another inmate in the head.

Mrs Lancaster, who was presented with an MBE for her work tackling hate crime, said: “I was furious when I first heard about his bid for freedom. He has done what he has done.

“He pleaded guilty and got nine months knocked off his sentence.

“I don’t understand why he can’t just get on with serving his sentence. He has caused unnecessary hurt and grief.”

The court heard Sophie had been with her partner Robert Maltby, 21, when they were followed into the park by Herbert and his friends on August 11.

Five teenagers, including Herbert, Brendan Harris, Danny Hulme, Joseph Hulme and Daniel Mallet, ‘suddenly and without warning or provocation’ attacked Mr Maltby, punching and kicking him.

Sophie rushed to her boyfriend’s aid but was then subjected to a prolonged attack herself by Herbert, formerly of Rossendale Place in Bacup, and Harris, who is serving a life sentence for her murder.

Mr Justice Langstaff said at the appeal hearing: “Sophie was subjected to a sustained and vicious attack which involved kicking and stamping on her until she too in her turn was beaten unconscious. They stamped on her head.

“One of the disturbing features of the attack is that the group of assailants immediately afterwards behaved as if they were proud of what they had done, almost boasting of it.”

The couple had been attacked simply because they were dressed as Goths, the judge said.

Sophie died 12 days after the attack, having never regained conciousness, but Mr Maltby survived. However he has been left with poor short term memory, and a lack of coordination when tired, with poor balance.

He also suffered a serious psychiatric disorder, and a victim impact statement revealed that he had virtually become a recluse, not prepared to leave home unless it was absolutely necessary.

Mr Justice Langstaff heard evidence from Herbert’s solicitors Bhatt Murphy that their client had turned his life around.

But the court heard he had received at least 15 adjudications in his first five years in prison.

The most serious of those offences came in 2009 when Herbert kicked and punched a fellow inmate in the head before going on to assault a member of staff.

Reaching his decision Mr Justice Langstaff said: “There is much to be said to the credit of the applicant.

“I do not rule out that his progress may, if the current course is maintained, later do so. Thus far, however, there is insufficient evidence to demonstrate that it meets what is a high standard.

“Having reviewed the term, in the light of such development and progress as there has been, I have ultimately concluded that the tariff should remain as originally set by the Court of Appeal. The application is dismissed.”