Tariffs

10 May 2002 - 12.15
Court 4
Royal Courts of Justice

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

1. Ann Nolene Harker was born on 12 August 1981. On 28 May 1999, at Leeds Crown Court, Harker was convicted of murder and was sentenced to be detained during Her Majesty's Pleasure. The offence was committed between 9 April 1998 and 12 April 1998, at which time Harker was 16 years of age

2. Harker stood trial with four co-defendants, Christopher Paul Bevis (aged 17), Mark Frank Brian Francom (aged 21), Claire Louise Latif (aged 19) and Meina Latif (aged 17). All four co-defendants were convicted of murder.

3. Harker had no previous convictions.

Facts of the Offence

4. On 9 April 1998, Harker, Meina Latif and Claire Latif invited the victim, Angela Pearce, to Claire Latif's council flat. Their purpose was to rob Pearce of her jewellery and money and to have some fun at her expense. Pearce was seriously assaulted by Harker and Claire Latif. They kicked her in the face, struck her several times in the face with an iron and robbed her of her possessions. Pearce's injuries were so severe that she was not allowed to leave the flat.

5. During the course of the next two days, 10 and 11 April 1998, Harker, Claire Latif and Francom beat Pearce with a snooker cue causing a cut to her skull and severe trauma. Harker, Meina Latif and Francom stubbed out cigarettes on Pearce's face, head and upper chest. When Pearce asked for a drink, Francom urinated on her face as Pearce lay on the floor. Harker and possibly others then burned Pearce's hair with an aerosol hair lacquer canister which they used as a flame thrower. Meina Latif chopped parts of Pearce's hair off. Further, Meina Latif and Francom, possibly also Claire Latif, jumped and stamped on Pearce's chest causing a fracture to her sternum and the ribs on both sides giving rise to flail chest making breathing even more difficult.

6. By 11 April 1998, Pearce had been locked in a cupboard in the kitchen of Claire Latif's flat. On occasion Harker, Meina Latif and Claire Latif would go to the kitchen and further assault Pearce. On 12 April (though one cannot be sure of the exact date) Pearce probably died.

7. On 25 April 1998, police found Pearce's body buried in a shallow grave. Post mortem examinations showed bruising to the neck consistent with strangulation from a ligature or hands. The exact cause of death, however, could not be ascertained. Pearce had sustained multiple fractures, any of which untreated could have led to death.

8. The trial judge, The Hon Mrs Justice Steel DBE, recommended a tariff of 20 years for Harker. In respect of the co-defendants, the trial judge recommended the following tariffs: Bevis (17 years), Francom (20 years), Claire Latif (20 years) and Meina Latif (20 years). The trial judge added that Harker's conduct towards Pearce was "deliberately callous and cruel" and that she showed "minimal remorse". The Lord Chief Justice agreed with the trial judge's recommendation, noting that "despite her youth, a term of 18-20 years is called for".

Post-Conviction Behaviour

9. Harker was transferred to HMP Bullwood Hall on 9 June 1999. I have considered the numerous reports from members of staff at HMP Bullwood Hall and have taken these into account in reaching my conclusions.

10. In particular, in his report dated 24 July 2001, Mr McGowan, Harker's Personal Officer at HMP Bullwood Hall, notes that Harker is intelligent and has "generally not been a discipline problem", that she "abides by wing regime" and that she is "normally polite to staff and inmates alike". He adds that Harker has "showed some remorse" for the offence but denies being the "ring leader", and that she does not believe her tariff of 20 years to be just in view of her role in the offence. Mr McGowan concludes that Harker is not due for release until 2018 at the earliest and that if she "maintains her current behaviour she will be ready for release at that time".

11. The reports of the other members of staff at HMP Bullwood Hall accord with the observations of Mr McGowan. Of particular note are the reports of Ms Osler, the Senior Probation Officer, dated 30 July 2001, and that of Ms Sear and Ms Russ, the Forensic Psychologists at HMP Bullwood Hall, dated July 2001.

12. Harker has two adjudications against her for fighting. In May 2001, Harker was placed on stage 1 of the anti-bullying register for a period of seven days - her name was removed from the register and there have not been any problems since. She has been subject to the F2052SH Scheme on five occasions, which monitors more closely those most susceptible to the risk of suicide or self-harm.

13. Harker has been on Enhanced status on the Incentives and Privileges Scheme for most of her time at HMP Bullwood Hall. Harker has undertaken a variety of educational courses since June 1999 and is described as a "capable student". She has also completed the Enhanced Thinking Skills course.Representations on behalf of Harker

14. Representations have been made on behalf of Harker by Ian Howard of Broadway House Chambers, Bradford, dated 27 March 2002. I have taken these into account in reaching my conclusions.

The Views of the Deceased's Family

15. Representations have been made by Pearce's parents, Mrs Irene Simmons and Mr Stephen Pearce. They are naturally extremely distressed by what happened to their daughter and Mrs Simmons was so adversely affected by the offence that she had to give up her job. Both oppose any reduction in tariff.

Conclusions

16. Having very carefully considered the papers in relation to this very grave offence and the progress Ann Harker has made, I consider the tariff should be reduced to 17 years, which is still a very long period for someone 16 at the time of the offence.