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 Anthony Stephen James Gordon in accordance with the Practice Direction dated 27 July 2000 (The Times 9 August 2000)

1. Anthony Stephen James Gordon was born on 1 September 1977. On 29 March 1996, he was convicted of murder after a trial before Mr Justice Laws and sentenced to be detained during Her Majesty's pleasure. At the time of the offence Gordon was 17 years and 4 months old. The victim was a woman aged 23 called Jayna. She was an unmarried mother having a daughter who was born 4 November 1991. At that time she was no longer associating with the father of her daughter. Between September and November 1994 she had a sexual relationship with Gordon and at the time of her death was pregnant by him.

2. Gordon also had another girlfriend who was also pregnant by the defendant at the time Jayna was killed. A motive for the killing which was suggested was that Gordon feared that Jayna might inform the other woman that she was pregnant by Gordon.

3. While Gordon had no previous convictions, another youth, John Taylor, who was only 16 at the time of trial, was involved. He had a bad record. Taylor told the jury of a "bizarre" plan which Gordon had to murder Jayna. The trial judge indicated he had some doubts about this murderous plot.

4. Taylor had also had a sexual relationship with Jayna. Taylor had a good deal of animus towards Jayna. Taylor burgled Jayna's family home and thereafter embarked on a campaign of harassment against Jayna's family.

5. On the date of the crime, 31 January 1995, Jayna collected her benefit but was then waylaid by Gordon and taken to a derelict shop where she was strangled with a pair of trainer shoelaces. After his conviction, it was Gordon's contention that Taylor had been involved in the offence as well.

6. The trial judge described the murder as "brutal and pre-meditated". The trial judge considered that "the malign influence of Taylor….may have played its part".

7. The trial judge recommended a tariff of 14 years. This tariff was endorsed by the Lord Chief Justice and confirmed by the Home Secretary.

8. In September 1999 the tariff was reviewed but the conclusion was reached that there had been no significant change for the better in the defendant's outlook and maturity over and above what might reasonably be expected between the ages of 17 and 22. Nor was it considered that Gordon's personal development and reintegration into society would be seriously prejudiced by his continued detention to the expiry of his tariff in February 2009.

9. Since Gordon's tariff review further reports have been made which are before me. Over the last two years he has made significant progress. He is now prepared to talk frankly about his part in the offence and accept responsibility for this. He has taken part successfully in various programs designed to reduce the risk he poses to the public. A report on 24 August 2001 describes his behaviour on the wing as exemplary. He is on an enhanced regime. He is polite and intelligent and gives no cause for concern. He had taken advantage of academic courses with some success. His probation officer is exploring the possibility of his completing an Open University Degree course. She is of the view that he has "demonstrated an increasing level of maturity since the beginning of his sentence". Another probation officer in a report of 24 July 2001 considers that Gordon is still "in partial denial of his part in the murder".

10. The victim's parents feel very strongly that the tariff should not be reduced. They were traumatised by the murder, they had been looking after Jayna's child and say that she was also badly affected by the crime. They would like the 14-year tariff to remain so that their granddaughter could reach the age of 17 before she has to fact the inevitable trauma that Gordon's release will involve. Jayna's father has a heart condition and clearly any unnecessary stress should be avoided.

Conclusion

11. The concerns of the victim's parents for themselves and their granddaughter could be met by conditions being imposed on Gordon's licence when he comes to being released. The question of release is, however, not for me but for the Parole Board. It does not follow that on the expiry of the tariff Gordon will be immediately released. Though I anticipate this is likely if he continues to maintain his present behaviour.

12. In view of the increased maturity shown by Gordon and the progress which he is making this is a case where a reduction in tariff would be justified, particularly as the original tariff was at the upper level for a person of his age.

13. I regard 12 years as now being the appropriate tariff.