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 James Frost in accordance with the Practice Direction dated 27 July 2000 (The Times 9 August 2000)
1. Michael James Frost was born on 28 November 1979. On 10 October 1997 he was convicted of murder and sentenced to be detained during Her Majesty's pleasure.
Facts of the Offence
2. The victim was a 75 year old man who knew Frost's family and visited his home so that he became "an honorary godfather". In November 1996, Frost visited the victim at his flat to borrow £5. The victim made homosexual advances to him and masturbated him. This was Frost's first homosexual experience. Frost did not know how to cope with the situation and did not mention it.
3. On 6 February 1997 Frost went to the deceased's flat. He had with him a metal cosh. He struck the deceased over the head fracturing his skull severely and also fracturing his nose, cheekbones and jaw. It was estimated that between 15 and 20 blows had been struck. Frost was then a very immature 17-year old.
4. The trial judge, Thomas J stated that there was nothing apparent in Frost's background to suggest that he was likely to commit any offence of violence let alone the brutal attack which occurred. He did not consider that he was a dangerous young man and thought it was highly unlikely that Frost would offend again. The judge recommended a tariff of 10 years, the Lord Chief Justice recommended a tariff of 9-10 years, the Home Secretary subsequently set the tariff at 9 years.
Progress Since Conviction
5. Frost has had periods of depression with suicidal thoughts during his period in custody. However, generally he has made good progress. A report by his probation officer refers to his having gained in maturity, self-confidence and understanding. He has achieved the majority of his targets. In general he has been positive. He did have seven adjudications in 1998 but since then his behaviour has been very good with his obtaining an enhanced status. He has become a listener who helps other prisoners in times of distress.
6. Frost has now been transferred to an adult prison establishment. The lifer manager in a report dated 16 July 2001 records Frost's deep regret for the murder. He appreciates the amount of suffering his actions have caused and are still causing the deceased's family. He is well behaved and polite. He receives regular visits from his parents and family. He is intending to make further preparations for release.
Family of the Deceased
7. They oppose any reduction in Frost's tariff. The victim's elder sisters are still distressed by the offence. They point out that the victim was elderly and vulnerable. Reference is made to the fact that there appears to have been premeditation in that Frost took a cosh with him. There was also the fact that some of the contents were taken.
Conclusions
8. The tariff which has been set already of 9 years is towards to bottom of the bracket for an offence of this nature. Frost has done well in custody. The fact that it is apparently accepted that the deceased had made homosexual advances which Frost found difficult to cope with, is an exceptional feature, especially because of the deceased's relationship with the family. In these circumstances I recommend a tariff now of 8 years.