Tariffs

17 April 2002 - 10.00
Court 4
Royal Courts of Justice

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

1. Damian Collins was born on 10 May 1980. On 1 November 1996, at the Birmingham Crown Court, Collins was convicted of murder and was sentenced to be detained during Her Majesty's Pleasure. The offence was committed on 3 January 1996, at which time Collins was 15 years of age.

2. Collins had one co-defendant, Mark Hemmings (aged 20), who was also convicted of the murder and sentenced to life imprisonment.

3. Collins had convictions for affray, possession of an offensive weapon and malicious wounding, all arising out of a single incident.

Facts of the Offence

4. Collins and Hemmens lived on the same housing estate in Stratford-Upon-Avon as the deceased, Anthony Erskine. Hemmens insulted Anthony Erskine's father outside the Erskine family house. Anthony Erskine, who was 19, came out of the house to remonstrate with Hemmens. Erskine was knocked to the ground by Hemmens and then set upon by both Collins and Hemmens. Collins kicked Erskine in the head 3 or 4 times. Erskine lost consciousness, inhaled blood from bleeding in and around his nose and died.

5. Hemmens would appear to have kicked and punched Erskine mainly to the lower part of his body, where only minor injuries were inflicted. He did however continue to inflict these injuries after Collins began to kick Erskine in the head.

6. The trial judge, Mr Justice Keene, commented that it was difficult for him to assess Collins' dangerousness as he had not given evidence before him. However he stated that Collins was 'clearly prone to being very aggressive' and that Collins 'will need to be monitored carefully to see whether this aggression is something which passes as he matures'.

7. Of the offence, Mr Justice Keene, remarked that it was a 'spontaneous rather that a planned attack. Nonetheless, it was a very brutal attack, two against one, with [Collins] only joining in when his victim was already on the ground, virtually helpless'. In the trial judge's judgement it was Collins who inflicted the worst of the blows. He recommended a tariff of 10 years, taking into account Collins' youth, as well as the absence of any intent to kill and the absence of pre-planning.

8. The Lord Chief Justice commented that the defendants should have credit for the matters identified by the trial judge but concluded that 'the circumstances of this wanton attack call for a slightly longer punitive term that the judge recommends; namely 11 years'.

9. The Home Secretary set the tariff for Collins at 10 years in May 1998. Hemmens was also given a tariff of 10 years.

Post Conviction Behaviour

10. Collins behaviour during his period in custody has been good. He has been on enhanced status within the Incentives and Earned Privileges Scheme since May 1998. Collins, according to his Personal Officer (in a report dated April 2001) is maintaining this standard of behaviour with 'comparative ease'.

11. Collins has been the subject of three adjudications, one for bad behaviour and two for disobeying a lawful order. However, the last of these was in October 1999. He has had no positive drug tests.

12. Both Collins's elder brother and his father have died during the time he has been in custody.

13. Collins has completed a number of courses intended to address his offending behaviour. He has come increasingly to accept full responsibility for his offence. Charlotte Brown, Higher Psychologist, states in her report dated 20 June 2001 that 'Collins takes full responsibility for his actions both during and after the offence and does not seek to apportion blame to either his co-defendant or the victim'.

14. Particularly since the death of Collins' own brother from a drug overdose in 2000, Collins has shown remorse and an understanding of the effects of his offence on the victim's family. Collins is described by Ms Brown as demonstrating 'a good level of empathy, both for the victim and the victim's family'. However, I note her view that the current level of risk of Collins re-offending remains medium to high.

15. Collins has gained qualifications in Hospitality and Catering and Health and Social Care during his time in custody. Prior to his conviction Collins had had no formal education since the age of 13. He currently works as a Wing Cleaner.

Representations on Behalf of Collins

16. I have read the written representations made by Collins' mother contained in an undated letter to the Home Secretary received on 8 January 2002. I have also read Collins' own representations dated February 1998 in respect of the original tariff setting.

The Views of the Deceased's Family

17. Written representations dated 25 July 2001 have been received from the parents of the deceased. I note that the deceased's twin brother, Ian Erskine, committed suicide shortly after the murder and that the murder may have contributed to this. I also note that the parents of the deceased felt that they had to move away from Stratford following the murder.

18. The parents of the deceased make it clear that they feel extremely angry about the possibility of release of their son's murderers. They oppose any reduction in the tariff.

Conclusion

19. Collins is making progress but I have come to the conclusion that a tariff of 10 years is still appropriate