Tariffs

27 February 2002 - 10.00
Court 4
Royal Courts of Justice

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

1. Michael Ronald Micklewright was born on 1 March 1978. On 27 March 1998 at Stafford Crown Court Micklewright was convicted on a first count of conspiracy to burgle and on a second count of murder. He was sentenced to three years in a young offenders institution on the first count, and detention at Her Majesty's Pleasure on the second. Micklewright was aged 16 at the time of the offence.

2. His three co-accused Michael Webb, Jason Matthews and Anthony French were all convicted of conspiracy to burgle and given various sentences. On the murder charge, Webb was found guilty and sentenced to life imprisonment, Matthews who was mentally handicapped was found guilty of manslaughter, and French was acquitted on the grounds that no prima facie case had been established against him.

Facts of the Offence

3. The facts are taken from the report of the trial judge to the Home Secretary. Micklewright was one of a team of young burglars who were organised, trained and equipped by the considerably older Webb, aged 49.

4. On about 8 or 9 August they went out burgling in the early hours of the morning. They were equipped with screwdrivers, balaclavas, bin liners and, in Micklewright's case, probably a Stanley knife. They burgled and ransacked the home of Clarence Cooper and in the course of doing so killed him.

5. The victim was a 84-year-old man who slept in his living room downstairs. He was gagged by having a handkerchief stuffed into his mouth. He was stabbed twelve times in the neck. The cause of his death was asphyxia. In addition, there was a sexual aspect to this murder evidenced by an injury to the victim's penis.

6. The trial judge was of the view that Micklewright was the dominant personality amongst the younger defendants.

7. At the time of the offence Micklewright had convictions for two non-domestic burglaries committed in 1994 for which he was a given a conditional discharge.

8. The trial judge recommended a tariff of 9 years. Despite Micklewright's age, the Lord Chief Justice recommended a slightly increased term of 10 years. The Home Secretary set Micklewright's tariff at 9 years.

Post-conviction behaviour

9. I have read the various reports on Micklewright. I have taken these into consideration in coming to my decision. I note from the reports that Micklewright's behaviour in prison has been "compliant and conforming" (probation officer's report dated 6 November 1998). He is employed as a cleaner in the segregation unit, taking no active part in any other aspect of prison life and routine. His few adjudications were at the beginning of his sentence. None were for violence. He has completed a number of courses, including enhanced thinking skills, offending behaviour work, drug awareness, anger management and alcohol awareness. His performance on these courses can be described, at best, as average. A number of reports have suggested that Micklewright should supplement these courses with further work.

10. Micklewright's progress has generally been very limited. This is not unrelated to his attitude to the offence. Initially he admitted the offence. However, he subsequently withdrew this admission and has since been in complete denial. He refuses to accept responsibility for any part in causing the victim's death. In the Life Governor's report dated 28 December 2001 it is recorded that Micklewright maintains that at the time of the offence he was nowhere near the victim's property.

11. As a result of the publicity that his crime attracted, Micklewright was placed in the segregated unit, as he feared for his safety. Although it was recommended that he return to the normal prison population, he felt unable to and consequently remained in this unit for an extended period of time.

12. Micklewright has consistently refused to address the sexual aspects of the case. The Lifer Liaison Governor's report, dated 8 December 1998, notes that-
" [t]he fact that [Micklewright] has expressed an interest in being transferred to Wakefield and that Webb is there, I think, is both interesting and a cause for concern. There is a sexual aspect to this murder (which Micklewright denies) and would indicate that SOTP [sex offenders treatment programme] might be desirable. The issue of his denial however makes this option unviable at the present time. … Micklewright's … offending behaviour pattern, chaotic lifestyle and his lack of progress in working on these areas make him a high risk to the public."

13. The consultant forensic psychiatrist's report dated 27 October 1998 makes a similar point concerning Micklewright's denial:

"On the facts of the case one would have to conclude that he [Micklewright] is in complete denial of an extremely serious offence of gratuitous violence and would therefore be wholly inappropriate for onward movement."

Representations by Micklewright

14. I have read the representations made by Micklewright dated 3 June 2000 and 28 January 2002. I have taken these representations into account in reaching my conclusion.

The Victim's family

15. Written representations have been received from the victim's daughter and niece. They express the view that the tariff was set too low and should be increased.

Conclusion

16. A tariff of 9 years for this offence is merciful and lower than usual for an offender of Mickelwright's age at the time of the offence. I do not consider it would be right to disturb the tariff.