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

1. Sergio Pantano was born on 20 October 1984. On 4 November 1999, at the Luton Crown Court, Pantano 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 Pantano was 14 years of age.

2. Pantano stood trial with one co-defendant, Terrence Lambert (date of birth: 5 May 1984). Lambert was convicted of murder and was sentenced to be detained during Her Majesty's Pleasure.

3. Pantano had one caution for an offence of affray, that caution having been administered on 4 April 1999.

Facts of the Offence

4. On the evening of 21 April 1999, Pantano and Lambert came across the victim, Mohammed Aslam, as they walked home from Kempston. Aslam was very drunk but was sitting quietly on a park bench. Pantano and Lambert engaged Aslam in conversation. They 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, Pantano and Lambert placed the wooden pallet on Aslam's head and stamped and jumped on it. Part of the wooden pallet broke with a sharp crack. The defendants 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. Pantano and Lambert 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 Pantano and Lambert left Aslam where he lay and went home. Aslam drowned in his own blood and died at some stage up to 3 hours from the time of the assault.

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

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 Pantano (together with Lambert and other members of their gang) on this and other occasions in the past. He added that the principal mitigating factor was Pantano's age. The Lord Chief Justice agreed with the trial judge's recommendation.

Post-Conviction Behaviour

9. Pantano was transferred to Carlford Unit, HMP YOI Hollesey Bay on 29 August 2000, from Leverton Hall Secure Unit.

10. I have considered the report of Dr Anne Jasper, a consultant forensic child and adolescent psychiatrist, instructed by the solicitors for Pantano's defence prior to his trial, as it bears some relevance on his behavioural development since his conviction. Dr Jasper based her report on a clinical interview with Pantano on 27 August 1999 at Leverton Hall Secure Unit, an informant interview with Jennifer Ward, the Senior Residential Social Worker at Leverton Hall Secure Unit, and on an interview with Mr and Mrs Pantano, Pantano's parents. Dr Jasper concluded that as a child Pantano suffered from bullying related to a facial physical injury and that he uses aggressive behaviour to protect himself. Further, that Pantano "appears to have learnt from this that violence is a good problem solving strategy". Dr Jasper notes concerns that Pantano "may try to kill himself if sentencing coincided with a move to a Young Offenders Institution".

11. Since his move to Carlford Unit, HMP YOI Hollesey Bay, Pantano has been under the principal supervision of Officer Godfrey, Life-Coordinator, Carlford Unit and Officer Green, Pantano's Personal Officer. I have considered Officer Godfrey's report dated 3 January 2002.

12. Officer Godfrey notes that although Pantano's attitude is "positive", he maintains that he is not guilty of murder, and that at the worst he should have been convicted of manslaughter. Officer Godfrey further notes that as Pantano is appealing against his conviction on the grounds of misrepresentation by his solicitor, no offence-focused work has been commenced with Pantano. Therefore, Officer Godfrey is unable to say how Pantano will react to offence/victim-related work. He has, however, made good progress in education and works hard at his studies.

13. I note that there have been occasions where Pantano has become involved in arguments and has been involved in fights with other trainees on two occasions. In both cases he was found guilty and awarded suitable punishment and a downgrade of performance level.

14. On another occasion, Officer Godfrey notes that Pantano was overheard by a member of staff "talking about escaping from a prison vehicle". When interviewed about this, Pantano said that it was just "banter and not serious".

15. Pantano is currently on the 'Gold' performance level and has signed up to a Voluntary Drug Compact and has not proved positive for drug misuse since.

Representations on behalf of Pantano

16. Pictons Solicitors make representations on behalf of Pantano. In their letter dated 12 March 2002, they note that it has been difficult for Pantano to express remorse as he maintains that he is not responsible for the murder of Aslam. Notwithstanding that he does so, Pictons Solicitors note that Pantano "does express sorrow at the victim's death" and "describes thoughts about how he could have behaved differently in the circumstances".

17. Pictons Solicitors note that Aslam was "severely intoxicated" at the time of his death and that Aslam's sexual advances towards Pantano gave rise to the violent incident. They note that Pantano suggested to Dr Jasper that he "should have allowed the victim to sexually assault him as he believed his violent struggle with the victim had provoked" Lambert to extreme violence. Although not explicitly remorseful, this comment seems to suggest regret about the incident.

The Views of the Deceased's Family

18. 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 Pantano should never be released. She fears that Pantano may kill again and fears for the lives of her five children.

Conclusion

19. On the basis of the information before me and, notwithstanding that Pantano has made "steady" progress, I am of the opinion that the tariff should remain at 14 years. I am of the view that it would be premature to reduce Pantano's tariff at this stage given that he has not yet undertaken any offence/victim-related work. Further Pantano's reluctance to express remorse for the murder of Aslam, together with violent behaviour since his conviction on two occasions, lead me to recommend that a tariff of 14 years stand. In the case of an offender it is important that his tariff is reconsidered after a reasonable period.