Tariffs

11 March 2002 - 10.00
Court 4
Royal Courts of Justice

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

1. Brett Fantham was born on 30 September 1977. On 31 July 1996 at Stafford Crown Court Fantham was convicted of murder and sentenced to be detained during Her Majesty's Pleasure. The offence was committed on 6 September 1995, at which time Fantham was 17 years of age.

2. Fantham was charged jointly with two other defendants, Wayne John Smallman (aged 18) and Mark Roy Moore (aged 21), in respect of whom the jury were unable to come to a verdict. At a subsequent trial Smallman was convicted of manslaughter and Moore of Inflicting Grievous Bodily Harm contrary to section 20 of the Offences Against the Person Act 1861, in respect of the same incident.

3. Fantham had no previous convictions.

Facts of the Offence

4. At about midnight on 6 September 1995 Fantham, Smallman and Moore entered the flat of Roger Leslie Everett, a 47 year old alcoholic. Mr Everett proceeded to throw furniture at the three defendants. Fantham took the major role in responding to Mr Everett's initial violence by throwing furniture at the deceased. All three defendants kicked Mr Everett whilst he was helpless on the floor; he sustained 14 wounds to the head. Mr Everett died of a fractured skull and swelling of the brain.

5. The trial judge, Mr Justice McKinnon, recommended a tariff of 13-14 years. The Lord Chief Justice recommended a tariff of 10-12 years. In November 1998, the Secretary of State for the Home Department set the tariff at 11 years.

Post-Conviction Behaviour

6. Fantham has had a total of 11 adjudications against him during his time in custody. However, more than half of these took place in 1996, his first full year in custody. He has not had any adjudications against him since January 2000.

7. Fantham has made good use of the educational opportunities available to him during his time in custody, achieving a qualification in Art and Design, as well as attending courses in Assertiveness and Decision Making, Anger Management, Parent-Craft, Enhanced Thinking Skills and Offending Behaviour. He has also attended one-to-one sessions with Mr Richard Lilleyman of HMP Gartree's Substance Misuse Team in order to address his misuse of alcohol and drugs. I note that Mr Lilleyman in his report of 6 September 2000 describes Fantham's attitude as 'positive' and that during their sessions Fantham displayed an 'understanding of his previous problems'.

8. He was transferred to a Category C prison, HMP Ranby, in December 2000. I note from the report of Mr Simon Daly, Governor 2B, of HMP Ranby dated 28 November 2001 that Fantham is considered by staff to be 'no problem to staff or prisoners', and that his personal officer, Officer Dudhill, describes him as a 'calming and mature influence' on the wing.

9. Fantham has accepted full responsibility for his crime throughout his period in custody. Furthermore, he has shown remorse for the deceased and an awareness of the effects that his crime has had on the family of the deceased.

Representations on behalf of Fantham

10. I have read the representations made by Fantham dated 30 January 2002. I note what he says about his remorse for his crime and his acceptance of full responsibility for his actions. I also note his desire to change and his wish to have the opportunity of making his 6 year old son proud of him by becoming a positive role model.

11. I have taken these representations into account in reaching my conclusions.

The Views of the Deceased's Family

12. Written representations have been received on behalf of the deceased's family in the form of a letter dated 9 October 2001 signed by the deceased's daughter, Tara Bellingham, and the deceased's brother, Mr Wayne Everett. I have taken these representations into account in reaching my conclusions.

13. The family point out that Fantham returned to the flat of the deceased twice in the 10 hours following the initial assault during which time Mr Everett was still alive. No effort was made by Fantham to obtain any help for the deceased on either of these visits.

14. Mrs Bellingham has had two children since the murder of her father and states that her children have been deprived of the opportunity of knowing their grandfather by Fantham's actions.

15. The family state their view that a tariff of 20-25 years would be appropriate in this case.

Conclusion

16. In view of the improvement in the conduct of Fantham I would reduce the tariff from 11 years to 10.