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 Daniel Denis McCarten in accordance with the Practice Direction dated 27 July 2000 (The Times, 9 August 2000)

1. Daniel Denis McCarten was born on 22 May 1976. On 26 November 1993 at Reading Crown Court McCarten was convicted of murder and was sentenced to be detained during Her Majesty's Pleasure. The offence was committed on 18 September 1992, at which time McCarten was 16 years of age.

2. McCarten had one co-defendant, John Peter Mullen (date of birth 18 November 1975). Mullen was also convicted of murder and sentenced to be detained at Her Majesty's Pleasure.

Facts of the Offence

3. On the 18 September 1992 Simon Forwood, who was 17 years of age, was assaulted by someone not connected to his later murder, as a result of a suspicion that he had stolen a motor bike. He was angry and upset by this. Later he was approached in Kennedy Park, Slough, by McCarten who was himself riding a stolen motor bike. Forwood kicked the motor bike ridden by McCarten. This led to a threat that McCarten would get Mullen, who had a reputation as 'a knife man' to stab Forwood. Forwood lived on the same housing estate in Slough as McCarten and Mullen.

4. McCarten and Mullen later chased Forwood and stabbed him to death. Two knives were used. Mullen had a throwing knife, which was not used to cause the fatal wound. The fatal wound was caused by a lock knife that was not recovered. There was no evidence as to which defendant inflicted the fatal wound.

5. Although both McCarten and Mullen had been drinking, they had not drunk so much that their actions or responsibility was affected. Reports showed that McCarten expressed considerable remorse whilst awaiting trial. The trial judge, Mrs Justice Steel, recommended a tariff of 12 years for McCarten and 15 years for Mullen.

6. The Lord Chief Justice stated that although the murder was a deliberate joint killing, in view of the ages of the defendants he would recommend rather less than the trial judge - 10 years for McCarten and 13 years for Mullen respectively.

7. The Secretary of State set the tariff for McCarten at 10 years.

8. McCarten had one previous conviction for being carried in a stolen motor vehicle.

Post Conviction Behaviour

9. McCarten's behaviour during his time in custody has been good. McCarten has three adjudications against him, the first was in 1994 towards the beginning of his sentence, the second was in 1999, the third was in January 2001 when he was found under the influence of alcohol. McCarten has no positive drug tests recorded against him. I note from the report of Principal Officer Rogers dated 24 October 1999 that 'he cannot be faulted for his behaviour and attitude within the prison regime' at HMP Coldingley, the adult prison to which he was transferred on reaching the age of 21 in 1997.

10. In September 2000 McCarten was transferred to HMP Standford Hill, a Category D prison. At Standford Hill he has successfully undertaken escorted town visits. With the exception of the adjudication for being found under the influence of alcohol, the report of Principal Officer Dean, Lifer Liaison Officer at Standford Hill, dated 11 October 2001, states that McCarten 'has settled in well' in the open prison regime. As well as the town visits, McCarten has spent three days per week helping landscape a courtyard at a local hospital.

11. I note that Principal Officer Dean concludes his report by stating that in his view 'continuing imprisonment will only serve to stifle his further maturity and development which would be best placed to happen in the community under supervision'.

12. McCarten has completed a number of offence related courses including Anger Management, Recovery and Rehabilitation, Cognitive Skills and Challenging Offending Behaviour and Alcohol and Offending Behaviour. McCarten fully accepts his responsibility for his victim's death. He continues to show remorse and expresses his feeling for the victim's family.

13. McCarten has also acquired a number of educational qualifications in his time in custody. He has achieved a GNVQ Award in Health & Social Care and an NVQ in Information Technology. The Education Manager at HMP Standford Hill has expressed the view that McCarten has 'achieved more than he first envisaged Daniel would'.

Representations on Behalf of McCarten

14. I have read the representations made on behalf of McCarten by Messrs Foster Wells dated 2 June 2000 and 24 September 2001. I have also read the letters written by McCarten's mother, Mrs Patricia McCarten, dated 7 November 1995 and undated. Finally I have read McCarten's undated own representations from 1995. I have taken the contents of these representations into account in reaching my conclusions.

15. I note what Mrs McCarten says about her son's upbringing. I also note that McCarten accepts that he was 'the catalyst' leading to the murder and that he accepts full responsibility for his part in the crime, though he continues to deny that he stabbed the deceased.

The Views of the Deceased's Family

16. Written representations have been received from the deceased's parents and from Mr Colin Forwood, the deceased's brother. I have taken into account these representations in reaching my conclusions.

17. The deceased's parents remain understandably angry about the death of their son. They consider the tariff of 10 years currently in place to be too short.

18. The deceased's brother is also of the view that the current tariff is too short, believing life should mean life.

19. Both the parents and the brother of the deceased express concern that McCarten has not admitted what they believe to be McCarten's full role in the offence.

Conclusion

20. Although McCarten has done well and I hope he will continue to do so, he was fortunate to receive a tariff of 10 years when his co-accused's tariff was fixed at 13. In all the circumstances I do not consider a reduction of more than 6 months would be appropriate and I fix the tariff at 9 years 6 months.