Tariffs

Friday 28 September 2001 - 12.15pm
Court 4
Royal Courts of Justice

The decision of the Lord Chief Justice of tariff on the case of Dharmiderjít Singh Cheema in accordance with the Practice Direction dated 27 July 2000 (The Times 9 August 2000)

1. Cheema was born on the 29th September 1980. On the 3rd November 1997, at Nottingham Crown Court, Cheema was convicted of murder and sentenced by the Hon Mr Justice Holland to be detained during Her Majesty's pleasure. Cheema always accepted that he was responsible for the death of the victim, Philip McLaughlin. However, he denied that he had the intention to kill.

2. On the 29th on March 1997, the victim was very much worse for drink and apparently making his way home. Cheema was in the company of three other similarly aged Sikhs. They decided to rob the victim and followed him. One of their numbers dropped out. When the victim past an alleyway he was pushed into the alleyway by Cheema and forced to the ground, face downwards. The other two youths went through his pockets taking some £30 or £40. They then left. Cheema robbed him of a chain and mobile telephone. Cheema produced a knife from his pocket and inflicted a single stab wound to the victim's chest which penetrated the heart. Later Cheema together with a friend went back to the alleyway but did not find the victim. When seen by the police, after an initial prevarication, Cheema admitted his role.

3. At the trial, Cheema relied upon diminished responsibility. Among the matters upon which he relied in support of this defence were the following;

• in 1989 his mother suffered a stroke leaving her totally disabled,
• in November 1994 his father contracted a serious kidney disease,
• in July 1996, he was expelled from school and while striving to be the responsible head of the family at home, away from the home he is drinking heavily and is "off the rails".
• in December 1996 his father died.
• he was carrying the knife on the day of the crime, as he had been the subject of a violent racial attack in November 1994.

4. The defence was supported by a consultant psychiatrist.

5. The trial judge referred to the fact that Cheema had no previous convictions, that he was bereft of parental supervision, bored and in a rebellious phase. The Judge thought he was quite intelligent, that he had a responsible side to his nature, that there was personal mitigation and Cheema was not a significantly dangerous person. The Judge recommended a tariff of nine years. The Lord Chief Justice recommended a tariff of ten years. The Home Secretary fixed the tariff at ten years.

The Victim's Sister

6. She was concerned as to whether this was a racist attack. She was assured this was not the case. She was then worried that the offender was able to have access to drink and drugs.

Conclusion

7. During his period of detention, Cheema has behaved in an appropriate manner. He has been contrite. He has shown sympathy for the victim and his family. He has made clear that he wants to behave in a responsible manner as the head of his family. However, in fixing a tariff of ten years for a murder committed during a robbery with a knife the mitigating features of his case were fully taken into account. There are no features of his case which justify any reduction in the tariff.