Tariffs
17 April 2002 - 10.00
Court 4
Royal Courts of Justice
The decision of the Lord Chief Justice in the case of Philip John Barber in accordance with the Practice Direction dated 27 July 2000 (The Times, 9 August 2000)
1. Philip John Barber was born on 14 May 1975. On 4 May 1993 at the Central Criminal Court Barber was convicted of murder and was sentenced to be detained during Her Majesty's Pleasure. The offence was committed on 19 September 1992, at which time Barber was 17 years of age. He was also convicted of rape for which he was sentenced to 10 years detention, to run concurrently with his sentence for murder.
2. Barber had one co-defendant, Paul Ashley Chapman, who was also sentenced to be detained during Her Majesty's Pleasure in respect of the murder, and was sentenced to 8 years detention in respect of the rape.
Facts of the Offence
3. On 19 September 1992, Barber and Chapman decided to burgle the house of a 76 year-old woman, Ruth Denyer. Miss Denyer lived alone. Barber knew that the door to Miss Denyer's house would be unlocked from his work delivering milk. They entered the house at midnight and ransacked the ground floor rooms, finding a small amount of cash and Miss Denyer's pension book.
4. Barber and Chapman then proceeded upstairs where Miss Denyer lay in her bedroom either asleep or too frightened to move. They demanded to know where she kept her money. They brutally assaulted her. She was punched, stamped on, strangled, stabbed with a carving fork and beaten with a broken leg of a stool.
5. Finally, she was raped, first by Barber whilst Chapman held her legs apart, and then by Chapman.
6. Barber and Chapman left their victim dead or dying and went off, spending the rest of the night enjoying themselves. They were later arrested as a result of information given to the police by Barber's mother.
7. Barber has previous convictions in respect of violence, as well as for dishonesty, driving offences and offences against public order.
8. The trial judge, HHJ Denison QC, found that Barber was the leader; Chapman his willing accomplice. Barber showed no remorse at all. The trial judge described the murder and rape of Miss Denyer as 'evil almost beyond belief'. The only mitigating factor was the defendants' youth. Accordingly he recommended a tariff of 20 years in respect of Barber and 18 years in respect of Chapman. The Lord Chief Justice concurred with this recommendation. The Home Secretary accepted the recommendation and the tariff in respect of Barber was set at 20 years.
Post Conviction Behaviour
9. Barber's initial behaviour within the prison system was poor. He has been placed on report a total of 42 times, including 7 for offences of violence.
10. Although fully accepting the responsibility for his crimes, he was initially not willing to address his offending behaviour by entering into the Sex Offenders' Treatment Programme. However, in the last two years there has been a marked improvement in his attitude.
11. He has now completed the Enhanced Thinking Skills course which is seen as an essential part of the rehabilitative process and more importantly he was transferred to HMP Grendon in December 2000 at his own request to undergo intensive therapeutic work to address his offending behaviour.
12. I have read the reports of Dr Jane Gordon, Therapist at HMP Grendon, dated 21 November 2001 and Chris Probert, Lifer Manager at HMP Grendon dated 4 December 2001. These indicate that Barber's behaviour has shown improvement with no adjudications recorded against him since arriving at HMP Grendon. They also show that Barber is now addressing his offending behaviour and is showing an increased motivation to change.
Representations on Behalf of Barber
13. I have read the written representations made on Barber's behalf by his former solicitors Messrs Hooper Holt & Co dated 24 November 1995, and his current solicitors Messrs Scott-Moncrieff, Harbour & Sinclair dated 2 July 2001. I have also read the letter written by Barber himself dated 25 November 2001. I have taken into account these representations in reaching my conclusion.
14. In particular I note that Barber expresses sincere remorse for his offences and shows deep concern for the feelings of the deceased's family. I also note that Barber wishes to start a new life on release away from the locality of the offences.
The Views of the Deceased Family
15. Written representations have been received from the deceased's nieces, Mrs Susan Cooper and Mrs Patricia Carpenter. They express their view that they do not believe that Barber and Chapman have yet served an adequate period of time for the murder of their Aunt. They also express concern at the possibility of meeting Barber and Chapman in the street should they be released.
Conclusion
16. Apart from Barber's age there are no mitigating circumstances as to the offences Barber committed but there appears to be little doubt there is now a genuine change for the better in Barber's attitude. For a person of his age 20 years is a very long time to await consideration by the Parole Board. To encourage the improvement in his attitude I reduce the tariff to 18 years.