Tariffs

Wednesday 13 February 2002 - 10.00 am
Court 4
Royal Courts of Justice

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

1.Barry Hannon was born on 14 September 1976. On 18 November 1993 he was convicted of murder and was sentenced to be detained during Her Majesty's Pleasure. The offence was committed on 2 August 1992. Hannon was aged 15 at the time of the offence. His two co-accused, his brother Paul Hannon and James Curtin, were also convicted of murder. However, Curtin's conviction was quashed on appeal.

Facts of the Offence

2. The facts are taken from the report of the trial judge to the Home Secretary. On 31 July 1992, one of a group of four white youths molested an Afghan woman. The four then followed some Afghan youths, including the woman, to the entrance of their flat. The Afghans were racially insulted and invited to leave their flat. They did so. Hannon's elder brother, Paul, together with Curtin, then lured five of the unarmed Afghans to near a public house from where, together with a group of about seven to eight white youths, including Hannon, they armed themselves and attacked the Afghan youths. The victim, Ruhullah Aramesh, was one of the Afghans. He was cut off from the rest of the group and assaulted. He died two days later in hospital from the injuries he suffered.

3. The trial judge commented that although Hannon was young, he was very dangerous. He had a vicious temper and a long record of violence. Just 45 minutes prior to the attack on the victim, in a separate incident, Hannon had attacked an entirely innocent elderly Asian man with a large bottle causing him six stitches to his head and other serious injuries. The judge noted that Hannon had struck repeated two-handed blows with a metal bar to the head of the victim, including at least two whilst he was on the ground. Furthermore, when the jury returned a verdict of guilty, in a premeditated action, Hannon leapt out of the dock and attacked the officer in charge of the case.

4. The trial judge recommended a tariff of 17 years. The Lord Chief Justice agreed with this recommendation. The Home Secretary set the tariff at 17 years.

Behaviour in Prison

5. Hannon's earlier behaviour has been described in his progress reports as "turbulent" and "appalling". In the probation officer's report of 14 October 1998 it is reported that between 1993 and June 1997 he was subject to sixteen adjudications, eight of which involved physical conflict. A report authored by the governor of HMYOI Aylesbury, M Wardley, and dated 5 September 1995, notes that Hannon was also strongly suspected of being involved in an incident with another inmate who subsequently committed suicide.

6. However, since 1997, Hannon's behaviour has improved considerably. He undertook anger-management, reasoning and rehabilitation, life victim awareness, and communication skills courses. He also completed an alcohol and drug-awareness course. He acquired enhanced prisoner status and has taken up employment in a workshop operated by an outside contractor. The influence of his elder brother Paul as a positive role model also played a role in Hannon settling down.

7. Hannon's recent behaviour has not been entirely free from blemish. Instances of friction with staff and a positive drugs test for cannabis resulted in him receiving two more adjudications (report dated 19 July 2001, authored by senior officer Boobyer). Despite this, the majority of those who have worked with Hannon are of the view that his progress justifies a move to category C conditions.

8. Hannon has expressed remorse for his actions. He denies any racial motive behind the actions that led to the victim's death.

Representations on Hannon's Behalf

9. I have read the representations made by Hannon's counsel, Mr Morris QC, on 7 February 1994. I have also read the representations made by Hannon himself, as well as those made by his solicitors on 25 August 2000 and 4 December 2001. I have taken these into account in reaching my conclusion.

The Victim's Family

10. The victim's family, in particular his mother, have been traumatised by his death. The victim's family are naturally anxious to ensure that there should be no question of Hannon's release before this can safely be done.

Conclusion

11. The conduct of Hannon has improved sufficiently for me to recommend a reduction of tariff to 15 years.