Tariffs

7 April 2002 - 10.00
Court 4
Royal Courts of Justice

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

1. Lee William Wallace was born on 16 November 1978. On 19 June 1996 at the Central Criminal Court Wallace was convicted of murder and was sentenced to be detained during Her Majesty's Pleasure. The offence was committed on 28 August 1995, at which time Wallace was 16 years of age.

2. Wallace had no previous convictions.

Facts of the Offence

3. On the evening of 28 August 1995 Wayne Levitt, who was 16 years of age, was walking along a street in the Gipsy Hill area of South London. Levitt, at over 6' 3", was tall for his age. He came across a group of three boys, Daniel Abdoush, Alex Barry and Wallace.

4. Abdoush made insulting remarks about Levitt's height. Levitt ignored these taunts. He continued walking and went down some steps to enter the estate on which his sister lived. He was followed by Abdoush, Barry and Wallace and attacked by them at the bottom of the steps. Abdoush and Barry punched and kicked Levitt. Wallace took out a commando-style knife and stabbed Levitt twice in the back and once in the stomach. At no time did Levitt fight back.

5. Levitt died in hospital six days later from internal injuries caused by the stabbing.

6. Abdoush and Barry were convicted of affray in respect of the incident. Wallace admitted manslaughter at trial but claimed that he had not intended to kill or cause grievous bodily harm to Levitt and that he was therefore not guilty of murder. The jury unanimously found Wallace guilty of murder.

7. The trial judge, HHJ Dennison QC, requested a post-conviction probation report to be prepared to assist him in making his tariff recommendation. The report was prepared by Paul Binns, social worker, on 9 July 1996. In the light of the contents of the report the judge recommended a tariff of 12 years. He commented that the crime 'was a senseless killing without any real motive' and that Wallace 'must represent a danger to the public…his only real mitigation is his youth'.

8. The Lord Chief Justice recommended a tariff of 10-11 years. The Secretary of State set the tariff at 11 years.

Post Conviction Behaviour

9. Wallace has spent time in three institutions during his time in custody. For the first four years he was located in HMYOI Aylesbury. He was moved to HMP Swaleside in December 1999 on transfer to the adult prison system. He was transferred to HMP Dartmoor in November 2000. He has remained there since.

10. During his time at HMYOI Aylesbury he had 12 adjudications against him, including one for threatening a member of staff. However, his behaviour initially improved on his transfer to HMP Swaleside. His behaviour is described in a report by Officer Grist of Alpha Wing at HMP Swaleside dated 19 May 2000 as 'very good' with 'no problems with other officers' and Wallace is described as getting 'on well with inmates of all age groups'.

11. However, I note from a memorandum written by Mark Taylor dated 20 November 2000 that Wallace's behaviour subsequently deteriorated and that he had begun to come to the attention of prison officers for his 'bully boy tactics'. As a result of the discovery of 'two stabbing implements' in his cell he was transferred to HMP Dartmoor.

12. At Dartmoor his initial behaviour was very poor. I note from the report of Probation Officer RC Ward dated 6 June 2001 that between Wallace's arrival at Dartmoor in December 2000 and March 2001 he had been the subject of 13 adjudications which included smearing excrement on his cell wall, throwing a cup of urine at a prison officer and setting fire to his cell. Wallace says that this behaviour was aimed at securing a transfer to an institution nearer his family, as they were no longer able to visit him following his transfer to Dartmoor.

13. Wallace has since March 2001 settled down and his behaviour is now described by Probation Officer Ward as of 'no cause for concern'. Although described as a 'borderline' case Wallace was transferred to Category C status with the reclassification of HMP Dartmoor on 1 August 2001.

14. Throughout his period in custody Wallace has fully accepted his responsibility for the offence and has shown an understanding of the effect of his offence on the deceased's family. He is also aware of the negative impact his offence has had on his own family, who were forced to move house following the murder.

15. Wallace has successfully completed a number of educational courses and gained a number of qualifications during his time in custody. In addition he has completed courses designed to address his offending behaviour including 'Cognitive Skills', 'Anger Management' and 'Substance Awareness'.

Representations on Behalf of Wallace

16. I have read the representations made on behalf of Wallace by his trial solicitors, Messrs Andrew Keenan & Co dated 2 November 1998 and his current solicitors, Messrs Robert Blackford & Company dated 21 July 2000. I have taken these representations into account in reaching my conclusions.

17. I particularly note what is said about Wallace's determination to ensure that he makes the best use of his time in custody to gain qualifications and employment experience.

18. Messrs Robert Blackford & Co are of the view that a more appropriate tariff would have been the lower figure recommended by the Lord Chief Justice of 10 years.

The Views of the Deceased's Family

19. Written representations have been received from the father and the paternal aunt of the deceased. I have taken these into account when reaching my conclusions.

20. The deceased's father, Mr Peter Levitt, in a letter dated 26 October 2001, states that the attack was unprovoked and that Wallace repeatedly stabbed his son. He also says that with the loss of his only son he has lost any possible chance he has of grandchildren.

21. The deceased's aunt, Mrs Susan Williams writes of the devastating effect her nephew's death had on Mr Levitt, who has gone from being 'a happy-go-lucky, out-going and trusting man, to a person who gets depressed very easily and sometimes withdrawn'. She also emphasises the unprovoked nature of the attack.

Conclusion

22. Although Wallace has shown increased maturity and responsibility at times, his conduct since sentence has not been sufficiently consistent to justify a reduction in his tariff.