In October 1983, the applicant broke into a family home, where he stabbed to death a man, his wife and their adult son. He then repeatedly raped their 18 year‑old daughter, having first dragged her past her father’s body. He was arrested several weeks later and charged with these offences. At trial he pleaded not guilty, denying the killings and claiming that the sexual intercourse had been consensual.
On 14 September 1984, he was convicted of three counts of murder, rape, and aggravated burglary.
The trial judge sentenced the applicant to a term of life imprisonment
and, in accordance with the rules on sentencing then in force,
recommended a minimum period (tariff) of 18 years to the Secretary of
State for the Home Office. When asked to give his opinion again on 12
January 1988, the judge wrote that “for the requirements of retribution
and general deterrence this is genuinely a life case”. On 15 January
1988 the Lord Chief Justice recommended that the period should be set at
a whole life term stating that “I do not think that this man should
ever be released, quite apart from the risk which would be involved”. On
16 December 1994, the Secretary of State informed the applicant that he
had decided to impose a whole life term.
Following the entry into force of the Criminal Justice Act 2003, the
applicant applied to the High Court for a review of his sentence,
arguing that he should receive the 18-year tariff mentioned at his
trial. On 16 May 2008, the High Court gave its judgment. It found that
there was no reason to depart from the Secretary of State’s decision.
The seriousness of the offences alone was such that the starting point
was a whole life order. A number of very serious aggravating factors
were present, and no mitigating factors. On 6 October 2008, the Court of
Appeal dismissed the applicant’s appeal.
No comments:
Post a Comment