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 Terrence Lambert in accordance with the Practice Direction dated 27 July 2000 (The Times 9 August 2000)

1. Terrence Lambert was born on 5 May 1984. On 4 November 1999, at the Luton Crown Court, Lambert was convicted of murder and was sentenced to be detained during Her Majesty's Pleasure. The offence was committed on 21 April 1999 at which time Lambert was 14 years of age.

2. Lambert stood trial with one co-defendant, Sergio Pantano (date of birth: 20 October 1984). Pantano was convicted of murder and was sentenced to be detained during Her Majesty's Pleasure.

3. Lambert had no previous convictions.

Facts of the Offence

4. On the evening of 21 April 1999, Lambert and Pantano came across the victim, Mohammed Aslam, as they walked home from Kempston. Aslam was very drunk but was sitting quietly on a park bench. Lambert and Pantano engaged Aslam in conversation. Lambert and Pantano then led Aslam into a clearing in some nearby willow trees where the offence ultimately was committed.

5. Pantano claims that whilst all three were in the clearing, Aslam made sexual advances towards him and grabbed him, and that it was this that led to Pantano and Lambert assaulting Aslam.

6. Lambert knocked Aslam to the ground with a wooden stave and whilst Aslam lay on the ground Lambert continued to beat him with the stave. Lambert and Pantano kicked and stamped on Aslam's head. Lambert then picked up a wooden pallet - according to Lambert on Pantano's command - and used it to jab Aslam in the throat, destroying his voice box. Next, Lambert and Pantano placed the wooden pallet on Aslam's head and stamped and jumped on it. Part of the wooden pallet broke with a sharp crack. Lambert and Pantano removed it from Aslam's head thinking they had cracked Aslam's head open. They saw that they had not but that Aslam had sustained severe injuries to his head and face. Lambert and Pantano then replaced the wooden pallet on Aslam's head, this time placing a piece of plywood on top, and threw themselves onto the plywood in an attempt to imitate WWF wrestling moves they had seen on television. They could hear Aslam groaning and it was at this stage that Pantano had convulsions of laughter. At some stage Lambert and Pantano left Aslam where he lay and went home. Aslam drowned in his own blood and died at some stage up to three hours from the time of the assault. It appeared to the trial judge that both took pleasure in what they had done.

7. At trial, a defence of diminished responsibility was put on behalf of Lambert. Pantano relied on a defence of provocation.

8. The trial judge, His Honour Judge D.A.H. Rodwell QC, recommended a tariff of 14 years for both defendants. He stated that there were a number of aggravating factors, the most profound being the gratuitous nature of the violent acts committed by Lambert (together with Pantano and other members of their gang) on this and other occasions in the past. He added that the principal mitigating factor was Lambert's age and noted that Lambert had shown some remorse in that he had made some effort to tell the truth to the police and to the court when questioned. The Lord Chief Justice agreed with the trial judge's recommendation.

Post-Conviction Behaviour

9. Lambert was transferred to Oswald Unit, HMP YOI Castington, from Claire Lodge, on 22 June 2001. In reaching my decision on tariff, I have considered Lambert's progress whilst at Oswald Unit.

10. Lambert's Personal Officer at Oswald Unit, D McGhee, states in a report headed 'Report on Terrence Lambert DV6294' that Lambert's disciplinary conduct is of a "high standard". Further, the report states that although Lambert has a few "red entries" on his 'Page 16 (Record of Events)', they are "nothing of a serious nature and not more than one would expect from a young person". Lambert is described as being "polite, friendly and helpful" and is said to "get on well with both staff and other trainees". He does, however, keep himself to himself for most of the time.

11. Lambert is on the highest level of the Incentives and Earned Privileges Scheme. He has completed a 'Suicide Awareness' and a 'Managing Emotions' course. In a report dated 11 January 2002, Rachel Morphew, Higher Psychologist (Trainee Forensic), notes that Lambert showed motivation to address his anger as part of the 'Managing Emotions' course and that he "participated fully throughout".

12. Lambert continues to do well in his studies and is described as an "excellent student", "capable" and "hard working". He has achieved "impressive" results in his G.C.S.E. examinations and is presently studying A.S. Level English, Art, Maths and Religious Education.

13. Chaplain Brown at Oswald Unit shares the foregoing view of Lambert's behaviour and attitude. Lambert is described as "a pleasant lad to work with, tending to be somewhat quiet. He is always respectful and cooperative".

Representations on behalf of Lambert

14. Noble Solicitors of Shefford, Bedfordshire make representations on Lambert's behalf. Noble Solicitors submit that Aslam's lifestyle and, in particular, his alleged inclination to make sexual advances to youths was never tested at trial. Further, that Aslam was known to have made such advances in the past to girls known to Lambert and Pantano and that this may "explain the violent reaction from Sergio Pantano and Terence Lambert". Further, they note that any other violence committed by Lambert took place within a three month period prior to the assault on Aslam and that they were "out of character", and that Lambert made full confessions in respect of these other acts of violence. As such, Noble Solicitors suggest that Lambert is "unlikely to re-offend".

15. Veronica Lambert, Lambert's mother, makes representations on Lambert's behalf. Mrs Lambert states that Lambert "has expressed sorrow for what he has done", that he "is being rehabilitated in prison" and that he "is making good progress". She adds that she is sure that if the tariff were to be reduced Lambert "would be grateful" and would "feel that he owes society for granting him a second chance". Further, she states that Lambert has a "law abiding and supportive family" who will work together with the authorities to ensure that he does not re-offend when released.

16. Lambert makes representations on his own behalf in which he expresses a great deal of remorse for his actions and appears genuine in doing so.

The Views of the Deceased's Family

17. Oral representations via the CPS have been received from Mrs Begum, the deceased's only blood relative in this country. Mrs Begum opposes the reduction in tariff and feels that Lambert should never be released. She fears that Lambert may kill again and fears for the lives of her five children.

Conclusion

18. On the basis of the information before me and in view of the good progress made by Lambert, I am of the opinion that the tariff should be reduced to 12 years.