Tariffs

4 December 2001 - 09.45
Court 4
Royal Courts of Justice

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

1. On the 24 January 1997, Nicolas John Cole, born 22 October 1977, was convicted of the murder of Andrew Clarke and manslaughter of Andrew Neeson. At the time of the offences, Cole was 17 years 11 months. Andrew Neeson was 16 and Andrew Clarke was 18.

2. The trial judge sentenced Cole to six years imprisonment in respect of the offence of manslaughter and detention during Her Majesty's pleasure for the offence of murder. The tariff recommended by the trial judge was 14-15 years and by the Lord Chief Justice 14 years. The tariff was set by the Home Secretary at 13 years.

The facts of the offences

3. The trial judge described the offences in these terms:

"These killings arose from challenging behaviour over a girl in a night club between the defendant and the first deceased, Neeson. The defendant gestured and threatened to cut Neeson's ear off. Neeson began the actual violence, headbutting the defendant once and making as if to do so again. The defendant was armed with a lock-knife with which he stabbed Neeson's thigh to a depth of 6 to 8 inches. (The wound severed the major vessels in the groin leading to irrecoverable loss of blood.)

Fighting broke out between the two factions, the second deceased, Clark, taking a major part. Both factions were ejected, and once in the street Clarke set about the defendant and two of his faction with fists and feet. The defendant stabbed Clark in the groin and then twice in the chest one a glancing blow and the other entering the side of the chest and the heart and lung. Again the haemorrhage could not be controlled."

The response of the deceased's families

4. There are reports before me together with statements dated 24 April 2001 indicating the family's response to the two deaths. They feel extremely strongly Cole's tariff should not be reduced. Their accounts of what occurred are not entirely in accord with the other information which is before me. Not surprisingly they are unaware of the fact that Cole has matured while in custody and that now he appears to be conscious of the tragic consequences to the families of the deceased's death.

Reports on Cole

5. Initially, while in custody, Cole did not respond well. However, more recently there has been a significant improvement in his behaviour and there are indications that he is developing a real insight into the magnitude of his offences. In a report of 27 July 2001, there are references to "his excellent progress to date" and the fact that he realises the further work that he has to do before it will be appropriate for him to be released.

6. From the representations made by his lawyers, on his behalf, it is suggested that the tariff should now be set at a figure of 10 years. This is based on the change in practice which has occurred as to reviewing the tariffs of offenders in Cole's position. In view of this submission I make it clear, that I regard it as the duty of the Home Secretary to keep Cole's progress under review. My task is to fix what I would regard as the appropriate tariff at the present time, taking into account Cole's progress to date.

Conclusion

7. I do not regard Cole as having made as yet exceptional progress. His behaviour has however been improving and can now be regarded as satisfactory. There were, however, two deaths involved. Furthermore, at the time of the offence, Cole was very nearly 18. Taking into account the need to achieve consistency, with other cases which I am considering, I have come to the conclusion my figure for tariff, at this stage, should be 12 years.