Tariffs

10 May 2002 - 12.15
Court 4
Royal Courts of Justice

The decision of the Lord Chief Justice on tariff in the case of Paul Michael James Atkinson in accordance with the Practice Direction dated 27 July 2000 (The Times 9 August 2000)

1. Paul Atkinson was born on 2 March 1980. On 14 September 1998 at Liverpool Crown Court, Atkinson was convicted of murder and was sentenced to be detained during Her Majesty's Pleasure. The offence was committed on 8 January 1998, at which time Atkinson was 17 years of age.

2. Atkinson had one previous conviction for an offence of violence, having received a Community Service Order in 1996 for violent disorder.

Facts of the Offence

3. On 8 January 1998, Atkinson met the victim, John Gallagher, in the Masquerade Club in Liverpool. Gallagher had gone to the club with his friends, Joey Rock, John Hooper, David Gardner and Philip Regan. Gallagher had noticed Atkinson standing at the bar and, together with Gardner, began talking to Atkinson with the intention to "chat him up". Later that evening Atkinson and Gallagher were seen leaving the club together.

4. On leaving the club, Atkinson and Gallagher went back to Gallagher's flat at Berkeley Avenue where the offence took place. At some point, Atkinson attacked Gallagher with a kitchen knife and wounded him fatally. There was, and remains, no apparent or known motive for the attack.

5. Before leaving, Atkinson stole a number of items from Gallagher's flat, being Gallagher's wallet, mobile phone, a watch and three bottles of Southern Comfort. In addition, Atkinson stole Gallagher's car.

6. On 9 January 1998, Gallagher's body was discovered by the police. The main injuries were a wound more than four inches deep, entering the upper right chest, damaging an artery and passing into the lung, and a very long incised wound running from the back of the neck, round below the left ear and then slitting Gallagher's throat. Death was caused by loss of blood and shock from the incised wounds.

7. On 10 January 1998, Atkinson was arrested on suspicion of murder.

8. At trial, Atkinson pleaded guilty, albeit at the very last opportunity. The trial judge, His Honour Judge David Maddison, recommended a tariff of 10 years. He noted that "unless and until the motive was identified, and work is done to address it, I consider that the defendant does present a risk of further violent offending". The trial judge did not accept the Prosecution's suggestion that the offence was committed in furtherance of theft. The Lord Chief Justice recommended a tariff of 9-10 years in light of the youth of the defendant. The Home Secretary fixed a tariff of 10 years.

Post-Conviction Behaviour

9. Atkinson began his sentence on remand at HMP Altcourse on 12 January 1998. He was transferred to HM YOI Lancaster Farms in June 1998, and then to HM YOI Aylesbury on 30 October 1998 following his sentence on 14 September 1998. In July 2001, he was transferred to HM Prison Gartree.

10. I have considered the report of Sandra Oluonye, Atkinson's Home Probation Officer responsible for his pre and post release supervision following his sentence on 14 September 1998. Ms Oluonye notes that Atkinson "is remorseful" about his actions and that he has expressed concern about his "violent nature and is extremely motivated to address this". Atkinson is said to "steer clear" of any potential problems. However, Ms Oluonye notes that although staff are "very positive" about his progress, violence remains an issue for Atkinson. She concludes that Atkinson is still at a "high risk" stage and requires further work to be done with regards to victim empathy and anger management. Further, that until such a time as these issues are resolved, there remains a potential for "violent situations to arise with very serious consequences".

11. I have also had an opportunity to consider reports on Atkinson during his detention at HM YOI Aylesbury. The Probation Officer at HM YOI Aylesbury, Madeleine Bland, notes that Atkinson's behaviour has generally been good. He has had a total of 8 positive adjudications (one involving an assault on a member of staff) in just over 3 years. He was on the Enhanced Wing for three months but lost this place as a result of a positive drugs testing for cannabis. Since then, however, he has shown once again that he can be trusted. Ms Bland notes that Atkinson's capacity for violence is linked to his childhood experience of watching his father abuse and rape his mother, and that the deceased's alleged sexual advances towards Atkinson brought back such memories. She notes that Atkinson is motivated to address this issue and since his conviction has taken courses in Offending Behaviour (including a section on Anger Management and Substance Misuse) and Reasoning and Rehabilitation (Cognitive Skills). Atkinson has recently begun counselling sessions and it is hoped that this will enable him to talk about his family background and childhood problems and so address his inclination for violence. She concludes that it is "too early" to consider issues relating to Atkinson's suitability for release or move to open conditions.

12. A number of other reports have been written on Atkinson by staff at HM YOI Aylesbury. These reports are consistent in concluding that although Atkinson has made progress during his time at the prison, he still has some way to go to address his potential for violence.

13. Finally, I have considered the report of PO Jones, Atkinson's Personal Officer at HM Prison Gartree. Atkinson is said to have settled in well and his behaviour is described as being "considered good". Atkinson is on the Enhanced level of the Incentives and Earned Privileges Scheme. Atkinson has, however, had one adjudication against him although it is described as being of a "minor nature" and should not "detract from his overall good behaviour". The report concludes that Atkinson is "showing maturity consistent with his age" and that he is expected to complete this stage of his sentence with few problems. Atkinson has not yet begun offence-related work.

Representations on behalf of Atkinson

14. Representations have been made on behalf of Atkinson by his solicitors Messrs Wilkins, dated 18 February 2002. I have taken these into consideration in reaching my conclusions. Of particular mention is their observation that Atkinson does not have any "expectation or indeed wish" for an early release into the community. Instead, Atkinson wishes to concentrate on trying to understand why he behaved as he did. Atkinson fully understands the views of the members of the family of the deceased as expressed in their letters.

The Views of the Deceased's Family

15. Representations have been made on behalf of the deceased's family by Mrs K Charman (deceased's cousin), Mrs P Gallagher (deceased's sister-in-law), Mr N Gallagher (deceased's nephew), Ms E Gallagher (deceased's niece), Mrs C (deceased's cousin), Ms E Dunne (deceased's cousin), Mr P Dunne (deceased's cousin) and Mrs M Hughes (deceased's cousin). They all express their objections to Atkinson's tariff being reduced and are seriously traumatised by the loss of the deceased.

Conclusions

16. At this stage I consider the tariff should remain at 10 years.