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Judgments Minimum Terms

Tariffs

14 December 2001 - 09.45
Court 4
Royal Courts of Justice

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

1. Michael Andrew Crabb was born 22 February 1981. On 17 December 1998, he was convicted of a murder committed on 8 February 1998 and sentenced to be detained during Her Majesty's pleasure. The crime was committed shortly before his 17 birthday. His co-accused, Alan Ward, was found guilty of manslaughter. Both Crabb and Ward were also found guilty of perverting the course of public justice.

Facts of the Offence

2. On 8 February 1998 Crabb stabbed Stephen Tait with a lock knife. One of the stab wounds penetrated the heart with fatal effect.

3. The conditions in which Crabb was living at that time according to the trial judge "were overcrowded and fraught".

4. The victim was the brother-in-law of Beverley Durman whose house Crabb had been living in. On the day of the murder, she had a furious argument with Crabb over the loudness of the music system and Crabb left the house refusing to hand over his keys whilst his property was in the house.

5. Tait came to the house to assist Durman and there was a confrontation between Tait and Crabb during which Crabb acquired a knife from his co-accused and stabbed Tait.

6. The victim was not a man with a reputation for violence and he was unarmed. It was the opinion of the trial judge that Tait had manhandled Crabb and when he let Crabb go Crabb in anger took the knife and stabbed him.

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7. At the time of the offence Crabb had no previous convictions although he had two cautions, one for assault and the other for a public order offence.

8. The trial judge recommended a tariff of 10 years and the Lord Chief Justice indicated a tariff of 9-10 years. The Home Secretary set the tariff at 9 years.

Progress Since Conviction

9. A report of 4 July 2000 indicates that Crabb has made very good progress. He has completed courses successfully. He has a good behaviour record. He has also been a "listener" for some months, able to help other young prisoners who have problems. The conclusion was that he had gained in maturity and self-confidence.

10. In a letter Crabb expresses a realistic appreciation of his position and expresses a desire to apologise to the family of the victim. Crabb expresses similar views in a letter of 17 July 2001.

11. The head of casework in a report of 15 July 2001 indicates that Crabb has a very positive attitude to his sentence. It does, however, refer to one adjudication for assaulting another young prisoner.

The Views of the Deceased's Family

12. At the time of his death Tait was 32 years of age and had been married for six years and they had a 13-month old daughter. The deceased's widow has now formed a new relationship and she would like to establish a new life for herself and her four-year old daughter free of potential contact with Crabb.

Conclusion

13. Crabb's tariff is already at the low end of the bracket for a person of his age committing a crime of this nature. He has done well and I hope he continues to do so. However, it would not be appropriate to reduce his tariff further.

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