Tariffs

11 March 2002 - 10.00
Court 4
Royal Courts of Justice

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

1. Henry Mukasa was born on 22 October 1979. On 17 February 1998, at the Central Criminal Court, Mukasa was convicted of murder and was sentenced on 13 March 1998 to be detained during Her Majesty's Pleasure. The offence was committed on 10 February 1997, at which time Mukasa was 17 years of age.

2. Mukasa stood trial with 7 co-defendants. Three others, Steven Musoke (date of birth 19 May 1977), Sheldon Nelson (date of birth 1 March 1975) and Wayne Henry (date of birth 9 October 1980) were also convicted of murder. One other co-defendant was convicted of violent disorder and the remaining three were acquitted.

3. Mukasa had no previous convictions.

Facts of the Offence

4. In the afternoon of the 9 February 1997 Samuel Magulu was involved in an argument with Steven Musoke at the Faith Growth Church in Croydon. In the early hours of 10 February 1997 8 youths travelled in two cars to Mr Magulu's home in New Cross, London. When Mr Magulu opened the door Mukasa, Musoke, Henry and Nelson rushed in, chased Mr Magulu upstairs to his bedroom and attacked him. Mr Magulu ran downstairs to his living room, but was followed by his assailants. Mukasa had a metal belt, which he used as a weapon, as well as a crowbar or baseball bat. Henry had a knife, Nelson a sword.

5. Mr Magulu suffered two stab wounds in the attack, one to the right thigh and another to the chest, which was fatal. The prosecution's case was that one of the Defendants had caused the fatal injury, though it was impossible to determine which one.

6. The trial judge, HHJ Grigson, recommended a tariff of 10 years for Mukasa. He described Mukasa's behaviour as 'uncharacteristic and unlikely to be repeated'. The judge recommended tariffs of 10 years for Musoke and 12 years for each of Henry and Nelson. The Lord Chief Justice stated that he had no 'reason to question the trial judge's assessment of the relative responsibility of these young men'. He went on to say that he would 'have been inclined to have recommended somewhat longer terms in each case, but the difference would be small'.

Post-Conviction Behaviour

7. Mukasa has an exemplary behaviour record since conviction with no adjudications against him and no positive drug tests. His probation officer, Madeleine Brand, states, in her report dated 6 July 2000, that Mukasa is a 'very thoughtful and mature individual who is deeply sorry for his part in th[e] offence'. Mukasa is described as growing up considerably since the offence was committed and in Miss Brand's view would be 'unlikely to behave in this way again'.

8. This assessment is supported by Officer Carr who was Mukasa's Personal Officer at HMYOI Aylesbury from September 1998 to February 2000. He describes Mukasa as 'a courteous, well-behaved, pleasant young man who matured a great deal during that time and willingly obeyed orders and instructions'. He arrived at HMYOI Aylesbury in September 1998 after an initial period at HMYOI Feltham. He was on enhanced privilege status continuously from October 1998.

9. Mukasa has shown a willingness to discuss the circumstances surrounding the offence openly and accepts that his actions were totally wrong and had tragic consequences, although he does not accept that he was responsible for the deceased's death. He has, however, shown considerable remorse and concern for the deceased's family. Throughout his time in custody Mukasa has shown a willingness to address his offending behaviour. The report of Anne Patterson, Probation Officer, dated 23 August 2000 makes it clear that Mukasa has expressed his desire to apologise to the deceased's family.

10. During his sentence Mukasa has completed courses in computing. He has also gained NVQ Levels 1 and 2 in Electrical Wiring and a Certificate in Food Safety. He has also completed a drugs awareness course and an assertiveness course. In addition he was a member of the HMYOI Aylesbury's football, basketball and power lifting teams.

11. Mukasa's trustworthiness was considered such during his time at HMYOI Aylesbury that he worked in the staff mess, where he was described by his supervisor as 'hardworking and helpful', and was awarded a 'red band' enabling him greater freedom of movement within the institution.

12. Mukasa was transferred to the adult prison system on 4 May 2001 when he arrived at HMP Swaleside. The report of Senior Officer Stanton dated 27 July 2001 makes it clear that Mukasa has maintained his previously good behaviour.
Representations on behalf of Mukasa

13. A number of representations have been received on behalf of Mukasa in respect of his tariff review. I have read the written representations made on his behalf by Messrs Ranjit & Co dated 25 June 1999; character references provided by Gertrude Nsubuga of the Christ Ambassadors Ministries dated 21 June 1999, Lincoln Serwanga of the Liberty Christian Fellowship dated 16 May 1999 and Pastor Isaac Kironde of the Croydon Tabernacle; the written representations by Mukasa's mother dated 19 July 2000; the undated written representations made on Mukasa's behalf by Messrs Gabb & Co; and the letter written by Mukasa himself dated 15 October 2001. I have taken into account the contents of these representations in reaching my conclusions.

14. I note what Mukasa says about how out of character it was for him to be involved in violence and the effect that his crime has had on him and his family. I also note Mukasa's positive attitude to his time in custody and his continued determination to make the most of the opportunities available to him during the rest of his sentence and his intention to use his life positively once released.

The Views of the Deceased's Family

15. No representations have been received on behalf of the deceased's family.

Conclusion

16. The tariff recommended by the trial judge of 10 years was already merciful but in view of the very good progress Mukasa has made it is possible to reduce the tariff to 9 years.