Tariffs

09.30 Friday 26th October 2001
Court 4
Royal Courts of Justice

Review of tariff in the case of Emma Kirsty Phillips in accordance with the practice direction of the Lord Chief Justice dated 27th July 2000

1. On the sixth of November 1997, Emma Kirsty Phillips was convicted of murder. The trial judge, Mr Justice Scott Baker, sentenced her to be detained during Her Majesty's pleasure. At the time of the offence Phillips was 17 years 11 months of age. The trial judge recommended a tariff of 15 years. The Lord Chief Justice recommended a tariff of 13 years. The recommendation of the Lord Chief Justice was accepted by the Home Secretary.
2. The offence was committed with a co-defendant, Bell. He was aged 20 and his tariff was set at 17 years.

Description of the Offence

3. The victim was 76 and lived on his own. A witness Claire Price, aged 17, used to visit the victim from time to time. She was given quite substantial sums of money. She introduced Phillips to him. Phillips in turn visited the deceased and was given money. The deceased expressed the wish that he could die and be reunited with his wife. Phillips believed that the deceased kept a substantial sum of money in the house and decided to burgle it. After trying to enlist the help of others, Phillips secured the assistance of Bell.

4. On the day before the murder Phillips and Bell visited the deceased and reconnoitred the premises. On the following day, while Phillips was in the house, Bell burst into the house and subjected the deceased to a most vicious attack that included stamping on his head.

5. The pathologist said the injuries were the worst he had seen in twenty five years. Phillips and Bell then searched the house but only discovered jewellery of modest value and a small amount of money. Phillips played no part herself in physically attacking the deceased.

6. The jury rejected Phillips' defence that she intended no violence. There was evidence that in the week before the murder she had spoken to a number of witnesses of killing or mugging the deceased.

7. The trial judge considered that it was likely that both defendants had set out planning to kill the deceased.

8. The Lord Chief Justice recommended a lower tariff then the trial judge because he considered that Phillips' youth and lesser participation entitled her to a somewhat greater discount.

9. Phillips had only one previous conviction. It was for theft. She had experienced a series of unfortunate incidents prior to the offence. However, a psychiatric report indicated that she was not suffering from a mental disorder as defined in the Mental Health Act 1983.

10. In submissions made for the purpose of this review, Phillips' lawyers contend that her tariff should be reduced to eight years, to reflect the fact that the Home Secretary no longer carries out periodic reviews of the progress made by offenders sentenced to be detained during Her Majesty's pleasure.

Post Sentence Behaviour

11. Phillips has received favourable reports. She is described as willing to help others. She gives support to other students in her block. She very much regrets her part in the offence. There are no discipline problems. She performed well on an enhanced thinking skills course. She is a different person from that which she was at the time of the crime.

The deceased's family

12. The deceased son kept close contact with his father. He had the extremely distressing experience of finding his father's body. He is still very much affected by the crime.

Conclusions

13. My task is to decide whether there should be any reduction in Phillips' tariff having regard to the progress which she has made since her tariff was fixed. As I have already made clear, she has behaved in a perfectly satisfactory manner since she was sentenced. However, when the offence was committed she was almost 18. The tariff was set at 13 years taking into account her age. It is for the Home Secretary to review her tariff hereafter if this is required by law as her lawyers contend.

14. On the information before me for the serious offence, bearing in mind the progress which Phillips has made so far, I have come to the conclusion that I should reduce her tariff to 12 years.