Minimum Terms
Minimum terms set for young offenders by the Lord Chief Justice
26/07/02
10.30 am
Court 4
Royal Courts of Justice
The decision of the Lord Chief Justice on minimum term in the case of Jonathan Peter Neill in accordance with the Practice Direction dated 27 July 2000 (The Times, 9 August 2000)
1. Jonathan Peter Neill ("Neill") was born on 2 May 1975. On 3 August 1992 at Central Criminal Court Emery was convicted of murder and sentenced to be detained during Her Majesty's Pleasure. The offence was committed in the early hours of 14 July 1991 at which time Neill was 16 years of age.
2. The murder of Donald McKenzie (the "victim") occurred in the early hours of Sunday, 14 July 1991. It was the morning of the victim's 36th birthday. The victim was stabbed 24 times to the neck and back with a single edge serrated knife while he lay sleeping on his bed at 107 Longthornton Road, London, SW16.
3. Neill was assisted by a friend, Eugene McLean ("McLean"), who helped cover up the identity of the murderer by disposing of Neill's blood-stained trousers and the knife used in the attack. McLean was charged (and convicted) with doing acts to impede the arrest and prosecution of Neill. There was no history of ill-feeling between Neill and the victim and the only explanation ever given by Neill was that he wanted to know what it felt like to kill someone.
4. The victim was a lodger in the house rented by the Neill family at 107 Longthornton Road, London, SW16. The occupants of the house at the time of the murder were Neill's parents, his brother and two other tenants, Mr John McClosky and Mr Albert Sutton.
5. Neill initially denied the charge of murder and indicated to his lawyers that he would plead not guilty to manslaughter as well, however, he confessed to having committed the killing in an interview with a psychiatrist on 26 May 1992. (Confidential Psychiatric Report/Dr. John Wilkins/Stamford House/26 May 1992)
6. The trial judge, His Hon. Judge Neil Denison QC, could not recommend "with anything approaching certainty" the period of years. He stated that Neill should not be released until doctors were convinced that he was no longer a danger to the public and he commented on the "horrifying" nature of the killing. Neill had scratched a cross on the victim's back in addition to the stab wounds. The judge also commented on Neill being heard to refer to 666, the marks of the devil, and further referring to his next victim.
7. The Lord Chief Justice recommended, for punishment and deterrence, a minimum term of 12 years. He agreed with the trial judge that the critical issue "will be whether and when it is safe to release Neill".
8. The Secretary of State set the tariff for Neill at 12 years.
9. Neill had 8 previous convictions in Northern Ireland but none in this country. The offences range over a period from 1988 through 1991 and include burglary and theft, consuming liquor while a minor and criminal damage.
10. Neill was initially placed at Orchard Lodge and Stamford House Secure Children's Home. His reports have been good from both institutions noting that Neill presented few problems and that his demeanour and ability to relate to staff was good. (Assessment Report/Orchard Lodge/
29 August 1991).
11. A psychiatric report made in the same period comments on his significant history of alcohol abuse. The report also notes that both of Neill's parents appear to be alcoholics with a significant amount of domestic violence occurring both between his parents and by his parents towards their children during Neill's childhood. (Confidential Psychiatric Report/ Stamford House/Dr. John Wilkins/ /26 May 1992).
12. Neill was placed at HMYOI Aylesbury and HMPYOI Moorland and he was then transferred to HMP Swaleside ("Swaleside") on 6 June 1996. Unusually, there appear to be no reports in the file relating to the time that Neill spent at Aylesbury and Moorland although a report from Swaleside notes that Neill had a bad disciplinary record at both institutions. (F75 Report/Swaleside/A. Crowcroft/Lifer Governor/19 February 1999). Another report from Swaleside states that Neill attended the Alcohol Awareness course at Moorland. (F75 Report /Swaleside /Officer Jagger/
12 February 1999).
13. Niall has in total 31 adjudications against him and his behaviour at Swaleside is regarded as better although he has five disciplinary reports against him. The last two adjudications in 1998 were for refusing mandatory drug tests. His wing history sheet records numerous instances of conflicts with staff although much of this is attributed to Neill's involvement in illegal drugs where, during 1998, three of the disciplinary charges were drugs related. Neill is subject to voluntary drug treating and all tests taken on E wing have tested positive. (F75 Report/ Swaleside /A Crowcroft, Lifer Governor/19 February 1999).
14. Neill was moved onto the Drug Treatment Unit where he was due to commence a six-month course starting in March, 1999. Neill has a standard status under the National Incentive and Earned Privilege Scheme. Neil has completed the offence-related course, Lifer Victim Awareness and one basic Christianity course. Neill has attended education and completed his English course and was employed in the Woodwork shop. Neill openly admits to the murder although he still maintains that it was not premeditated. (F75 Report/Swaleside/A Crowcroft, Lifer Governor/ 19 February 1999).
15. Although Niell is regarded as being polite to staff and credit is given for his recent good conduct and his efforts to secure a place on the Drug Treatment Programme there are conflicting reports as to his progress. One report states that he has made steady progress (F75 Report/Swaleside /Principal Officer Pays/23 February 1999) while another report states that there has been a lack of progress (F75 Report/Swaleside/Officer Jagger/ 12 February 1999).
16. Neill receives good support from his family with his parents and brothers usually visiting every other week. His sister is banned from Swaleside due to an incident leading to Neill being placed on report for receiving an illegal article during a visit that she made. He also stays in touch with his uncle who fostered him for a number of years in Ireland.
17. I have read the representation made by Mrs. Adela Ginn, the sister of the victim. The father of the victim is seriously ill with lung cancer and has been unable to forward his representations.
Representations on Behalf of Neill
18. There have been no representations made by Neill or on behalf of Neill. There was an earlier representation from Neill dated 14 December 1998.
19. I hope that the improvement in Neill's conduct continues. However, I consider the minimum period should remain at 12 years.