Tariffs

Tuesday 19 February 2002 - 10.00 am
Court 4
Royal Courts of Justice

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

1. Timothy Alistair Dunn was born on 21 March 1981. On 6 October 1997 at Teeside Crown Court Dunn and his co-accused, Norman Bowen-Jones, were both convicted of murder and sentenced to be detained during Her Majesty's Pleasure. Dunn was aged 15 at the time of the offence.

Facts of the Offence

2. The facts are taken from the report of the trial judge to the Home Secretary. For three years Dunn and his co-defendant had been inseparable companions. They had a homosexual relationship. They also had heterosexual sex lives, often engaging in intercourse with girls in each others presence. In 1996 they became friendly with the victim, a single woman by the name of Lesley Fox.

3. They frequently visited the victim's flat. They fantasised about having sexual intercourse with her, then killing her. On 12 October 1996 they did this. In addition, Dunn had anal intercourse with the victim, probably without her consent. Bowen-Jones strangled her with a piece of rope they had taken for that purpose. Dunn assisted at some stage with the strangulation. The victim was also suffocated by pillows pressed onto her face when unconscious. After her death, both took part in laying the victim out in a bizarre pose with a window pole inserted into her vagina and bedclothes and a vacuum cleaner placed on top of her upper body and face. No alcohol or drugs were involved at any stage.

4. The trial judge was of the view that although Dunn was appreciably more intelligent than the older Bowen-Jones, they were equally culpable. The judge also expressed the opinion that this was a planned and cold-blooded killing for sexual gratification and, despite not having seen a psychiatric report on Dunn, on the evidence, both Dunn and his co-accused must be regarded as very dangerous as they were entirely without remorse.

5. Dunn did not have any convictions at the time of the offence.

6. The trial judge recommended a tariff of 15 years for both defendants. The Lord Chief Justice recommended a slightly shorter term of 13 years in both cases to reflect the defendants' youth. The Home Secretary set Dunn's tariff at 13 years.

Post-conviction behaviour

7. From the report by P Garrett, the life liaison officer at YOI Castington, and the report by the personal officer at YOI Swinfen dated 21 March 2001, I note the following. Dunn is making good progress in prison. He is always polite and respectful to staff. He has completed the Core Sex Offender Treatment Programme and an enhanced thinking skills course. The feedback on his participation in both these courses has been favourable. He is undertaking a part-time industrial cleaning course. Dunn was also employed in the carpentry workshop prior to undertaking the sex offender treatment programme. He is overcoming the break in his education prior to the offence and was, at the time the report was written, studying two A/S levels in General Studies and Philosophy.

8. Dunn has discovered his creative talent as a writer and musician. He taught himself to play the guitar whilst in prison. He is highly thought of by the drama teachers and considered to have a mature and creative aptitude. Dunn was part of a group who recorded a music CD, with any potential revenue going to a local charity. He was the winner of a Koestler Award for poetry. He took part in a concert in July 2001 and intended to participate in a Christmas concert for local pensioners.

9. Dunn has no disciplinary problems. There are no adjudications or minor reports against him. He has been on the enhanced wing at both institutions for a considerable period.

10. Initially Dunn denied the offence. But after 12 months he came to terms with his part in it. He now accepts both guilt and shared responsibility for the offence, expressing genuine remorse for the victim. He considers his tariff fair and just. In one of the representations made on Dunn's behalf by the organisation 'Justice', the British Section of the International Commission of Jurists, dated 6 December 2001, it is noted that Dunn has written a letter to the victim's relatives. Through this he expresses the understanding which he now has of his behaviour and hopes this will also help them to understand so that some of their suffering may be alleviated. This letter is apparently with the victim liaison officer and will be passed on when appropriate.

Representations on Dunn's behalf

11. I have read the extensive representations made on Dunn's behalf by "Justice" (dated 6 March 1998, 30 April 1998 and 6 December 2001), and by his mother (dated 26 April 1998, 11 November 2001 and 20 November 2001). I have also read the letter written by Dunn himself dated 8 November 2001. I have taken these representations into account in reaching my conclusion.

12. In particular, I note the background of sexual abuse which Dunn suffered from about the age of 10, and which the trial judge was apparently unaware of. I also note that Dunn was witness to the violence that his former stepfather inflicted on his mother, and that the victim was the girlfriend of his former stepfather.

13. From Dunn's letter, I note the following. He accepts full responsibility for the offence. He feels that coming into custody was the "best thing that's ever happened to [him]"; prison has given him direction, provided him with an opportunity to get an education, allowed him to discover his passion for music, and facilitated a closer relationship with his mother. He is currently doing his 'A' levels and expresses the wish to read for a university degree thereafter. Dunn also states that his long-held belief that he does not deserve a reduction in his tariff on account of the severity of his offence was affirmed after he read the letter from the victim's family. However, conceding to his legal representatives and his mother that nothing bad can come of it, he submitted his letter.

The Victim's family

14. Written representations have been received from the victim's family. They are understandably traumatised and emotionally scarred. They express the view that Dunn and his co-accused should receive the maximum tariff due to the despicable circumstances of the crime and the lack of remorse shown.

Conclusion

15. The progress which Dunn has made is most impressive. It appears he could not have done more, once he accepted his responsibility for this horrendous offence, to make amends. He was the younger of the two offenders I consider it would be appropriate to reduce his tariff to 11 years.