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The Times
November 10 2000

 

Woolf opens door to life sentence appeals

By Frances Gibb, Legal Editor

 

HUNDREDS of prisoners could challenge their life sentences after the Lord Chief Justice used the Human Rights Act 1998 yesterday to knock a hole in the policy of "two strikes and you're out".

In a landmark ruling, Lord Woolf said that in line with the Act judges should impose automatic life sentences only if offenders posed "a significant risk to the public". It would be up to judges to assess that risk, he said, and to look at how dangerous each offender was.

The decision, which wrests back judicial discretion over one area of life sentences, will raise hopes of a similarly favourable ruling by Lord Woolf over mandatory life sentences for murder.

Lord Woolf, sitting with Mrs Justice Steel and Mr Justice Richards, allowed an appeal by Matthew Offen, 35, who robbed a building society with a toy gun. He was said to have an inadequate personality and held no significant risk to the public. Offen was freed after the Court of Appeal reduced his life sentence to three years, which he had already served. For the same reason, a three-year sentence was substituted for life in the case of Darren McKeown, 27, convicted of causing grievous bodily harm with intent, after kicking a man once in the head over the purchase of a ring.

An appeal by Peter McGilliard, 37, against his life sentence for wounding with intent was dismissed because his previous record indicated that he remained a serious danger to the public.

Kristova Okwuegbunam, 33, also lost his appeal against his life term for the manslaughter of the mother of his children during an incident which involved "a strong element of bullying and humiliation", the judges said. The judges said that the case was not easy to decide and described it as "close to borderline". They concluded, however, that he remained a significant risk.

The court allowed a challenge by the Attorney-General to an "unduly lenient" 12-year sentence on Stephen Saunders, 41, for a series of rapes committed over a number of years. He was jailed for life because of the continuing danger he presented.

Under the Crime (Sentences) Act 1997, judges automatically had to impose a life sentences on any offender convicted for the second time of certain serious offences, including rape, attempted murder, manslaughter, wounding or causing grievous bodily harm with intent and robbery with a firearm, real or imitation.

The sentence had to be be imposed unless there were "exceptional circumstances", but that had been interpreted very strictly by judges, Lord Woolf said.

Ruling yesterday on the appeals. Lord Woolf said that in future judges could apply the Act in a "more just, less arbitrary and more proportionate manner". "The issue of dangerousness will have to be addressed in every case and a decision made as to whether or not to impose a life sentence."

Lord Woolf emphasised that this was still in keeping with what Parliament intended. It was "a good example" of how the Human Rights Act "can have a beneficial effect on the administration of justice without defeating the policy which Parliament was seeking to implement".

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