Tariffs

Tuesday 7 August 2001
Court 4
Royal Courts of Justice

The decision of the Lord Chief Justice of tariff in the case of Bernard Thomas Coddington in accordance with the Practice Direction dated 27 July 2000 (The Times 9 August 2000)

1. Bernard Coddington was born on 8 July 1978. At Lincoln Crown Court on 15 January 1997 before His Hon. Judge Hutchinson he was convicted of murder and three counts of acts intending to pervert the course of justice and ordered to be detained during Her Majesty's Pleasure.

Facts of the Offence

2. In February 1996, at a time when he was 17 and a half years old, Bernard Coddington was planning to marry the mother of a child of whom the victim, Stephen Raven, was the father. Coddington planned to change the surname of the child from the mother's to his.

3. On 26 February 1996, there was a confrontation between Coddington and Stephen Raven over the defendant's plan. When Raven left, Coddington went to his mother's house and equipped himself with a large kitchen knife with an 8" blade.

4. Later Raven returned to Coddington's home with a friend. An argument ensured during which Raven may have threatened to slash Coddington's throat. However, Raven did not actually offer any violence and said he did not want to fight there and started to walk away. Coddington then ran after him and butted him and a struggle ensued. During the struggle Raven produced a set of rice-flails which briefly were around Coddington's neck. Coddington removed then and having struck Raven with them threw them away. At this stage Coddington was getting the better of the fight and according to some witnesses Raven was no longer fighting back. Coddington then produced the kitchen knife and thrust it with considerable force into Raven's side cutting a rib and puncturing his lung and heart. Having withdrawn the knife, he waived it in Raven's face saying "next time I will kill you" and made off. Raven at the time had a knife but it was not produced. Later while in custody, Coddington wrote threatening letters to witnesses in the case.

5. The trial judge commented that the Coddington at the time of the murder was 17 and only 18 at the trial and came from an unsatisfactory and disturbed background. He had been sexually abused by his stepfather between the ages of 7 and 13. He had convictions for violence and carrying an offensive weapon and was at present a dangerous young man with a vicious temper. The trial judge doubted that the expressions of remorse made by Coddington were sincere. The trial judge's recommendation of a tariff of 12 years was endorsed by Lord Bingham, Lord Chief Justice and accepted by the Home Secretary.

Representations on Behalf of Coddington

1. In a letter of 27 October 1998 Coddingtons's solicitors indicated that it was their view that the average life sentence for young offenders detained during Her Majesty's Pleasure was 10 years. They relied on the fact that while at the Young Offenders Institute Coddington's actual father had made contact with him and visited him in custody. They also referred to the courses designed to tackle offending behaviour, anger management, enhanced thinking and substance misuse which Coddington had attended. They refer in addition to the fact that he had obtained an award as a Community Sports Leader and had been successful in obtaining an NVQ in silver service waitering coupled with an NVQ in food-preparation. They indicated that he had been a model prisoner.

2. In his representations Coddington explains that why he went for a knife was because he knew of Raven's reputation for carrying a knife. That he took full responsibility for his own actions and had remorse for what had happened to Mr Raven though he felt he had some responsibility for his part in the events of that day. He feels that he has matured considerably, that he now realises the harm that alcohol and drug abuse was causing. He corrects a mistake in a report by a personal officer, that he had been found guilty of four adjudications. There in fact has only been three and one of those has been quashed. "One in 1998 for fighting with another inmate to which he pleaded guilty and the other for refusing a direct order."

3. The reports on Coddington are generally favourable. The report as to his work are particularly good.

The Victims Family

4. In a letter the deceased's father points out that the whole family are still devastated but they have been putting "the pain and loss behind them". However, the reassessment had opened an old wound. The report also refers to the deceased's two children and the difficulty of explaining to them what has happened to their father. Mr Raven concludes by saying that the family regarded Coddington's sentence as "fair" and that he should serve his sentence to the full.

Conclusions

5. The facts of the offence were fully taken into account in determining the tariff of 12 years. This was considered to be the correct tariff notwithstanding the deceased's role. While Coddington's behaviour has been satisfactory in custody and his work record excellent, when viewed as a whole, I have come to the conclusion that, having regard to all the circumstances I would not be justified in interfering with the recommendation of 12 years which has been accepted by the Home Secretary. I appreciate that my decision will be disappointing to Coddington but he should not think that his efforts will not be of assistance to him. When he becomes eligible to be released on licence, his behaviour while in custody will stand him in good stead and will help to produce a favourable result.

6. I note the concern expressed in the papers of the time it has taken to make my recommendation. Unfortunately it is only very recently that all the information was ready to enable me to consider my decision.