Minimum Terms
Minimum terms set for young offenders by the Lord Chief Justice
26/07/02
10.30 am
Court 4
Royal Courts of Justice
The decision of the Lord Chief Justice on minimum term in the case of Daniel Martin Emery in accordance with the Practice Direction dated 27 July 2000 (The Times, 9 August 2000)
1. Daniel Martin Emery ("Emery") was born on 2 February 1979. On 4 December 1996 at Central Criminal Court Emery was convicted of murder and sentenced to be detained during Her Majesty's Pleasure. The offence was committed on 22 April 1996 at which time Emery was 16 years of age.
2. Emery was also charged with wounding another youth (Marlon Caine Jason Thomas) with intent to do him grievous bodily harm. He received a sentence of 4 years detention under the Children & Young Persons Act 1933, to be served concurrent to the sentence passed for the murder.
3. The murder of Scott McMullins (the "victim") took place on a housing estate on 22 April 1996. The victim was a neighbour of Emery who lived on the same housing estate. There had been some earlier troubles that led to a fight (without weapons) between the victim and another youth.
4. Following this unarmed fight, five youths set upon the victim. At least two of the youths had knives of some kind. The victim received two serious stab wounds after which he collapsed to the ground where, while still alive, he was kicked, stamped on and punched by all five youths.
5. The youths all "jogged away, laughing as they went" and one youth returned to stamp on the victim's head repeatedly. The victim was found by a Mr Marlon Thomas and his sister lying on the ground next to the bin shed. There was no pulse and no signs of life when the ambulance arrived. He was pronounced dead at 10.13pm despite all efforts at resuscitation. (Tariff Review/20 November 2001). Originally all five youths were charged with murder but three were not proceeded against.
6. The Prosecution case was that the victim received the two serious stab wounds (either of which could have caused death) when attacked by Emery and another youth, Brian James Farmer ("Farmer"). There was no proof of the use of knives by any of the youths except Emery and Farmer. Because of the difficulty of distinguishing between the culpability of Emery and Farmer the case was advanced as a joint enterprise basis. Both Emery and Farmer were found guilty of murder and sentenced to be detained during Her Majesty's Pleasure. Neither Emery nor Farmer showed any remorse and one of them told the trial judge that it was more important to not "grass" than to assist justice even in a case of murder. (Trial Judge's Report to the Home Secretary/14 January 1997).
7. The medical evidence showed that none of the injuries inflicted after stabbing during the second incident, individually or cumulatively, would have caused death.
8. The trial judge, His Honour Judge Michael Coombe, recommended a tariff of 13 years for Emery stating that:
"Because of the youth of these Defendants, the actual length of detention may not be as long as justice requires. It should not be less than 13 years."
9. The Lord Chief Justice recommended a term of 13 years with the proviso that, but for the offenders' youth, he would recommend a longer term. The Secretary of State set the tariff for Emery at 13 years. The tariff in the case of Farmer, who was 15 at the time of the murder, was also recommended to be 13 years.
10. Emery had no previous convictions. However, Emery states that although the last representations stated that he had had no previous convictions he and his father had, in fact, been bound over to keep the peace when he was younger. (Representations on tariff/19 June 2002).
11. Emery was initially at HMYOI Aylesbury and was transferred to HMP Swaleside on 20 June 2001. Emery had several adjudications mainly for fighting, bad behaviour and disobeying rules. These took place during the early part of his sentence and there have been no acts of indiscipline during his time at Swaleside. (LSP 3E Progress Report by the Lifer Manager dated by 27 April 2002). Emery states that he has had no adjudications since 1997. (Representations on tariff/19 June 2002).
12. Emery was employed on Works while at HMYOI Aylesbury and reports note that there was a significant change in Emery's attitude to the offence. (Psychologist's F75 Report/HMYOI Aylesbury). Emery took full responsibility for the offence, which has resulted in what he described as a weight being lifted off his shoulders. The Review Board expressed how impressed they were with Emery's maturity and courage in coming to terms with informing his family and girlfriend and dealing with their reactions. (Lifer Governor's Report/HMYOI Aylesbury/14 October 1999). He does, however, contend that the facts were not as alleged by the prosecution.
13. Emery gained enhanced status while at HMYOI Aylesbury and received red band status. He was regarded as getting on well with inmates and staff. (Psychologist's F75 Report/HMYOI Aylesbury).
14. Emery has completed the following courses:
- Reasoning and Rehabilitation
- Anger Management
- Drug/Alcohol Awareness
- One-one work with Psychology
- Cognitive Skills
15. He has also completed a computer course and an industrial cleaning course. He states that he is not very interested in formal education but that he remains interested in sport. Emery has expressed an interest to go to 'The Verne' as he had heard that it is a quiet prison that also offers a training course in Electrical Skills, which he would like to attend. Also, the prison being some distance from London would mean that he is unlikely to meet people from the old area of the offence. (Representations on tariff/19 June 2002).
16. At HMP Swaleside, the latest report states that Emery is currently employed as a wing Orderly working on the hotplate and that his current status under the National Incentive and Earned Privilege Scheme is enhanced. He is said to get on well with his peer group and wing staff report that he is always polite and very helpful.
17. The Lifer Governor at HMP Swaleside specifically asks that the good work undertaken by Emery at Swaleside be taken in consideration when assessing his current tariff and he considers that the maturity and willingness to progress shown by Emery clearly shows a significant reduction in his risk. (LSP 3E Progress Report by the Lifer Manager/HMP Swaleside/27 April 2002).
18. Emery receives regular visits and enjoys the full support of his family. (F75 Report/HMYOI Aylesbury/5 January 2000). The statement made by Mr and Mrs Emery describes the family as close. (Statement by Mr & Mrs Emery/undated). His family has moved away from the area where his troubles began.
19. Emery applied for category C status and the Home Office granted his application with transfer instructions issued for him to move to the category C prison HMP The Mount as soon as space becomes available. (Letter from J/W Solicitors to Master McKenzie, Registrar of Criminal Appeals dated 26 June 2002).
20. I have read the notes of a Tariff Review Meeting held by the Crown Prosecution Service on 8 January 2002 attended by Ms. Valerie McMullins, the mother of the victim. The murder has had a devastating effect on the family. Ms McMullins would not like to see any reduction in tariff.
21. I have read the representations made by J/W, Solicitors, dated 18 June 2002. I have read the representation made by Emery dated 19 June 2002 and the Report by Mark Taylor, Lifer Manager at HMP Swaleside dated 24 April 2002. I have also read the personal statement made by Emery and the statement made his parents, both of which are undated.
22. Emery has made substantial progress since convicted and his reports are very encouraging. I recommend a tariff of 11 years.