Minimum Terms
Minimum terms set for young offenders by the Lord Chief Justice
03/07/02
10:00 am
Court 4
Royal Courts of Justice
The decision of the Lord Chief Justice on minimum term in the case of James Douglas Fenwick in accordance with the Practice Direction dated 27 July 2000 (The Times 9 August 2000)
1. James Douglas Fenwick was born on 27 January 1978. On 30 October 1995, at the Central Criminal Court, Fenwick was convicted of murder and was sentenced to be detained during Her Majesty's Pleasure. The offence was committed on 3/4 April 1995, at which time Fenwick was 17 years of age.
2. Prior to this offence, Fenwick had been cautioned for theft and possession of an offensive weapon (noted in the memorandum from PO M Ryan LLO, HMP Maidstone, dated 9 October 2001).
3. Fenwick was taken in as a lodger by Collette Sylvester who was a single mother of three young children. He had been in care since an early age because of his parents' drug abuse. It was agreed that Fenwick would look after the children when Sylvester was out. On 3/4 April 1995, Sylvester went out leaving Fenwick in charge of her two year-old twins.
4. Whilst she was out, Fenwick subjected one of the twins (Chloe Sylvester) to a dreadful assault resulting in Chloe's death. Specifically, Fenwick caused over 100 bruises (or areas of bruising), fractured four of her ribs on each side, fractured her left arm, caused severe internal bruising of her upper abdomen and ruptured her liver. There was also evidence of bruising to Chloe's vagina and anus which doctors attributed to sexual abuse or attempted sexual abuse. Chloe's cause of death was recorded as multiple injuries.
5. At trial, the trial judge, Judge Henry Pownall, QC, recommended a tariff of 8 to 10 years. The trial judge noted that:
"His violence and his graphic description of it, by demonstration in the witness box, was very dangerous and frightening in the extreme. Until that is controlled, there must be a substantial risk of re-offending when he cannot cope "with the grief and stress" (as he put it). Medical reports and a Social Work Report gave accounts of an appalling upbringing by drug-addicted parents until aged eight, when put in the care of a caring maternal aunt and uncle".
The Lord Chief Justice agreed with the trial judge's recommendation on tariff but noted that "despite his youth, I think 10 years is the minimum in this appalling case". The tariff was set at 10 years.
6. Initially Fenwick was detained at HMYOI Aylesbury. Fenwick was transferred to HMP Maidstone from HMYOI Aylesbury on 30 November 1999. I have considered the numerous reports from members of staff at both institutions and have taken these into account in reaching my conclusions.
7. Whilst at HMYOI Aylesbury, Fenwick had 27 adjudications against him. These related to a number of offences include offences against discipline, damaging property, having unauthorised items in his possession, disobeying rules, disobeying lawful order, fighting, GOAD and assaulting a fellow inmate. However, the last of his adjudications was in December 1997.
8. Fenwick has completed a number of courses designed to address his offending behaviour. Specifically, he has completed the following courses: Cognitive Skills, Anger Management, Drug Awareness, Enhanced Thinking and Assertiveness. Nonetheless, Fenwick still needs to address a number of areas of risk including anger control, victim empathy and the sexual aspect of his offence (Report of PO Mick Ryan, Lifer Manager, HMP Maidstone, dated 9 October 2001). Fenwick has also attended education classes in Mathematics, English, Computers and Cooking.
9. The reports before me indicate that Fenwick has made some progress after a poor start to his sentence. He has acknowledged full responsibility for the offence and expresses remorse for his victim and her mother (Report of Alison Dench, Probation Officer, Inner London probation Service, dated 23 September 1998). After an indifferent start, he has taken a more positive approach to his sentence and is said to have improved dramatically (Report of Karen Stewart, Psychologist, dated 19 November 1998). However, there is still some concern that Fenwick is prone to bouts of temper and that this is likely to result in violence if he is picked upon (Report of L Webb, Lifer Liaison Officer, HMYOI Aylesbury, dated 6 October 1998; reiterated in the Report of PO Mick Ryan, Lifer Manager, HMP Maidstone, dated 9 October 2001). This issue, together with those relating to anger management, victim empathy and the sexual aspect of his offence need to be explored fully before Fenwick can be considered for release.
10. Representations have been made by Fenwick on his own behalf (letters dated 30 May 2000 and 9 March 2002). I have taken these into account in reaching my conclusions.
11. No representations have been made. The mother has not been traced.
12. Fenwick is still making progress and for this he is to be commended. However, I consider the minimum period should remain at 10 years.