Tariffs

17 April 2002 - 10.00
Court 4
Royal Courts of Justice

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

1. Anthony Daniel Loy was born on 14 July 1980. On 7 April 1998 at Birmingham Crown Court Loy was convicted of murder and was sentenced to be detained during Her Majesty's Pleasure. The offence was committed on 24 May 1997, at which time Loy was 16 years of age.

2. Loy had two adult co-defendants, Colin Wright and Lee Sutherland, both of whom were also convicted of murder. Wright and Sutherland received sentences of life imprisonment.

3. Loy has a number of previous convictions for offences involving violence.

Facts of the Offence

4. On 24 May 1997 a violent incident developed outside a public house in Hawkesly, Birmingham, between two groups of men. The first group consisted of two men called White and McCarthy. The second group was larger, comprising 5 or 6 men, including Wright and Sutherland. White and McCarthy were both armed.

5. White and McCarthy managed to escape from the larger group by getting on a bus. However, after alighting from the bus, they again encountered the larger group, which had by this time been joined by Loy. White and McCarthy were pursued by different members of the larger group. The group assaulting White included the three co-defendants. White was chased for a distance of 200 yards being belted and stoned as he went, before being caught and disarmed. He was then subjected to kicking, including kicks to the head. White died from a rupture to the left vertebral artery caused by the kicking.

6. The trial judge, Mr Justice Poole, commented that 'there was no intent to kill and no premeditation' in the murder. He added that it was 'yet another example of the possible consequences of street violence and in particular of using the boot'. The judge felt that he was unable to say that Loy would not re-offend given his record. He recommended a tariff of 10 years for each of the three co-defendants. The Lord Chief Justice recommended a tariff of 9-10 years in each case. The Secretary of State set the tariff for Loy at 10 years.

Post Conviction Behaviour

7. Loy has had a total of 14 Governor's reports against him since he has been in custody, the most recent of which was on 13 March 2000. However 10 of these reports were awarded whilst he was on remand.

8. I note from the undated report of Officer Williams, Lifer Officer at HMYOI Swinfen Hall that Loy is seen as 'polite and respectful to staff' and that although he was recently demoted to standard status, it is expected that he will soon be promoted back to enhanced status, on which he has spent most of his time at Swinfen Hall.

9. Loy continues to deny his involvement in the offence, despite losing his appeal. This is preventing him from fully tackling his offending behaviour. He has, however, completed the Enhanced Thinking Course.

10. Loy has worked at Swinfen Hall as an industrial cleaner and has received good reports from his supervisor.Representations on Behalf of Loy

11. I have read the representations made on behalf of Loy by Messrs Salhan & Co. I have taken these representations into account in reaching my conclusions.

12. I particularly note what is said about Loy's background and the report of his expression of concern for the family of the deceased.

The Views of the Deceased's Family

13. Written representations have been received from the mother and father of the deceased. I have taken these into account when reaching my conclusions.

14. It is clear that members of the deceased's family are still deeply affected by their loss.

Conclusion

At present there are not sufficient positive circumstances to justify a reduction in Loy's tariff.