Minimum Terms
Minimum terms set for young offenders by the Lord Chief Justice
03/07/02
10:00 am
Court 4
Royal Courts of Justice
The decision of the Lord Chief Justice on minimum term in the case of David James Nicholson in accordance with the Practice Direction dated 27 July 2000 (The Times, 9 August 2000)
1. David James Nicholson ("Nicholson") was born on 26 June 1972. On 20 December 1990 at Newcastle Crown Court Nicholson was convicted of murder and sentenced to be detained during Her Majesty's Pleasure. The offence was committed on 2 June 1990 at which time Nicholson was 17 years of age.
2. On 2 June 1990, Nicholson killed Ann Nicholson ("Mrs Nicholson"), his mother, and William Kent ("Mr Kent"), her cohabitee, the couple having lived together for about 11 years prior to their deaths. Nicholson was a serving soldier at the time of the offences.
3. On 15 May 1990, Nicholson had an accident whilst driving Mr Kent's car and damaged it. On 24 May 1990, Nicholson was informed by his Commanding Officer that, following the accident and pending drink driving charges, his Army career was in jeopardy. On 31 May 1990 he went absent without leave.
4. On 1 June 1990, Mrs Nicholson and Nicholson purchased a crossbow and bolts at a shop in Newcastle upon Tyne. On 2 June 1990, Nicholson killed both Mrs Nicholson and Mr Kent (together the "victims") at the family home in Fatfield. When Mrs Nicholson was out shopping Nicholson shot Mr Kent through the head whilst he was sleeping on the sofa. Although the wound was fatal, Mr Kent did not immediately die.
5. Nicholson removed the bolt from Nicholson's head and reloaded whilst waiting for Mrs Nicholson to return. Nicholson shot Mrs Nicholson through the head as she was leaving the lavatory. The Crown submitted that Nicholson had removed the bolt from Mrs Nicholson's head and then shot Mr Kent through the chest.
6. Nicholson took the victims' bodies to a shed and hid them under garden furniture. The post mortem examination showed that Mr Kent had been shot by a crossbow bolt through the head and chest at a range of one to two feet. Mrs Nicholson had been shot by a crossbow bolt to the head at two to three feet. Nicholson remained at home and maintained a pretence that his 'parents' had gone to Scotland on holiday.
7. Nicholson was arrested at the family home on 13 June 1990 for being absent without leave. On 14 June 1990 a neighbour, becoming suspicious, contacted Mr Kent's brother and sister in law who discovered the bodies in a shed at the family home and informed the police.
8. Nicholson admitted that he had killed the victims to the police and pleaded guilty to both murders. He said that he had had an argument with Mr Kent about the damaged car and his going absent without leave. Nicholson explained his conduct to the police by saying that he had "just snapped" and had "just gone loopy".
9. The trial judge, Mr. Justice Potts, recommended a tariff of 20 years for Nicholson in 1991 and 18 years in 1997. The Lord Chief Justice recommended a term of 16 years in 1991 and 18 years in 1997. The reference back to the judges in 1997 was made because the sentence had been changed from one of custody for life to the correct one of detention during Her Majesty's pleasure.
10. The Secretary of State set the tariff for Nicholson at 18 years in 1991 and the tariff remained at 18 years.
11. Nicholson had no previous convictions.
12. Nicholson was transferred from HMYOI Castington to HMP Wormwood Scrubs in 1993 when he was 21. His behaviour and relationships with staff and inmates at Castington were said to have deteriorated rapidly with evidence of operating and participating in a taxing and bullying group and engaging in gratuitous violence. He was also placed on the Governor's Report for assaulting another trainee (Memorandum from G5 Lifer Liaison Officer at HMYOI Castington).
13. However, the Northumbria Probation Service Report states that Nicholson "appeared to settle very well" into the Castington regime and "posed no management difficulties until the assault incident on another inmate" (Northumbria Probation Service Report dated 28 June 1994).
14. Nicholson was transferred to HMP Wormwood Scrubs and then, as he requested, to HMP Garth ("Garth") in November 1994. He has had seven adjudications since he was sentenced including four at Garth, one adjudication was for playing cards whilst at work and one adjudication was for use of cannabis. Other charges relate to the assault on an inmate, cited above, and to the finding of a metal knife in Nicholson's boot. The last adjudication was in April 1998 for unauthorised possession of a woollen hat by Nicholson that had been made into a balaclava.
15. Nicholson did not attend the last Review Board as he stated that he thought it would be a waste of time. The Board recommended a job change and a transfer from Garth as soon as possible in an effort to "eradicate his apparent lethargy". Nicholson has applied for HMP Grendon (Annual Review and Sentence Planning Board Report dated 31 May 2001).
16. Various report writers state that Nicholson is quiet and unobtrusive, rarely speaks to staff and that he lacks the motivation and self-discipline to address the sentence planning targets and risk factors that he needs to address. Nicholson is not in touch with anyone on the outside of prison and does not want to maintain relationships. He does not wish to contact his sister whom he states has left his life completely (HMP Garth/F75 Report dated 4 August 2000).
17. His attitude to the offence has been described as cold and detached showing little remorse but the psychologist at Castington has indicated that he does demonstrate remorse (HMP Garth/F75 Report dated 19 July 2000). Nicholson has told various report writers that the offences were the result of a loss of control following years of conflict between himself, his mother and Mr Kent.
18. However, Nicholson is reported to talk of the offence in a very calm, measured and cold way which report writers see as consistent with the evidence produced at court indicating that Nicholson carried out the murders in a cold and detached manner.
19. A more recent psychological report indicates that Nicholson is 'chronically over-controlled' and that he may lash out under certain circumstances to release all his aggression in one act (HMP Garth/Life Sentenced Prisoner Report/Report prepared by Dr Rebecca Horn/Higher Psychologist dated 6 October 2000). There is, however, an addendum to that report dated 15 December 2000 during which it is stated he was able to discuss the aspects of his behaviour he needed to improve and indicated he had a clear idea of what he wanted to achieve by going to Grendon.
20. Nicholson has completed the Alcohol Awareness Course at Garth but according to the reports, he has engaged in minimal offence-related work throughout his sentence. He has been on the standard regime at Garth throughout his time there and his behaviour on the wing and at work has been rated as acceptable by officers although in August and September 1998 his behaviour fell below the standard accepted.
21. Nicholson had been employed in the Works Department in Garth since September 1996 and he is reported to work well with minimum supervision. He is also said to interact well with others (HMP Garth/Life Sentenced Prisoner Report dated 6 October 2000).
22. I have read the representations made by Mr Kent's elder brother, Mr Bill Kent, and his wife through the Victim Association Probation Office at Newcastle. To this effect, I have read the letter from Catherine Solan, their Victim Liaison Officer. In May 2001 the police contacted Annette Nicholson, the daughter of Mrs Nicholson and the sister of Nicholson, who did not wish to make any representations.
23. There have been no further representations made on behalf of Nicholson by his solicitors. Nicholson has made no representations on his own behalf but he did respond to the May Annual Review & Sentence Planning Board Report of May 2001. He there identified his targets. I have taken this response into account.
24. It is now over 10 years since Nicholson was sentenced. The Chief Justice's original recommendation was 16 years but changed to 18 years. At this time I would fix a minimum term of 17 years.