The decision of The Honourable Mr Justice Nicol on the review of the tariff in the case of Falco Moludi

JurisdictionEngland & Wales
JudgeMr Justice Nicol
Judgment Date16 February 2021
Neutral Citation[2021] EWHC 264 (QB)
Docket NumberCase No: YOR/2020/2
CourtQueen's Bench Division
Date16 February 2021

[2021] EWHC 264 (QB)

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

Royal Courts of Justice

Strand, London, WC2A 2LL

Before:

Mr Justice Nicol

Case No: YOR/2020/2

The decision of The Honourable Mr Justice Nicol on the review of the tariff in the case of Falco Moludi

Approved Judgment

1

Falco Moludi was born on 2nd July 1990.

2

On 15 th June 2007 Mr Moludi murdered Orlando (‘Blue’) Thompson.

3

Mr Moludi was tried at the Central Criminal Court before HHJ Clifton and a jury. He was convicted on 13 th February 2008. On 7 th March 2008 he was sentenced by Judge Clifton to be detained during Her Majesty's pleasure. A minimum term of 16 years (less 260 days spent on remand) was specified as the minimum term which must elapse before Mr Moludi was considered for release on licence by the Parole Board.

4

I have been asked to review the minimum term. In accordance with the procedure established in the light of the decision of the House of Lords in R v Secretary of State for the Home Department ex parte Smith [2005] UKHL 51. The decision is formally taken by the Lord Chancellor and Secretary of State for Justice, but he has undertaken to follow any recommendation by the High Court Judge to whom the review is referred.

5

Wilkie J. conducted an earlier review of Mr Moludi's minimum term on 11 th November 2016 (YOR/2016/27). He recommended at that stage that there should be no reduction.

The offence and sentence

6

The murder of Mr Thompson took place on the Kennington Park Estate.

7

The background to the killing was that on 19 th April 2007 Mr Moludi was shot in the leg. This also occurred on the Kennington Park Estate where Mr Moludi and his family lived at the time. On the following day the police recovered a shotgun and a revolver from the home of Marcus Brewster. The firearms had been in a holdall. Apparently, Mr Moludi believed that Mr Brewster had told the police that he (Mr Moludi) had been responsible for delivering the firearms to Mr Brewster. Mr Brewster had a sister, Monique Brewster. On 15 th June 2007 Monique Brewster was confronted by 4 men, one of whom was Mr Moludi. There was an argument. The men left, but Mr Moludi returned a short time later. By this time, Ms Brewster was accompanied by her partner, Mr Orlando. Mr Moludi produced a 12 in long kitchen knife with which he stabbed Mr Thompson twice in the chest and abdomen. Mr. Thompson died a short time later. On 21 st June 2007 Mr Moludi surrendered himself to a police station where he was arrested.

8

At his trial, Mr Moludi sought to argue that he had acted in self-defence and/or had been provoked. By their verdict, the jury rejected both suggestions.

9

The sentence of detention during Her Majesty's pleasure is fixed by law for a person who was under 18 at the time of the murder, but the Judge was required to fix the minimum term before Mr Moludi could be considered for parole.

10

In the Criminal Justice Act 2003, Parliament has fixed starting points which apply before the aggravating and mitigating circumstances are considered. Because of his age, the starting point in Mr Moludi's case was 12 years – see 2003 Act Schedule 21 paragraph 7. That is the case even though (as the Judge clearly believed was the case) that the murder weapon was a knife which was brought to the scene. While that fact could not elevate the starting point (as would have been the case if the murderer had been over 18), the judge said that it was an aggravating circumstance which he was entitled to take into account.

11

Mr Moludi had 1 previous conviction for nine offences. They included 3 conspiracies to rob, another robbery, a further attempted robbery and possession of an imitation firearm. Mr Moludi was sentenced for these offences in September 2005 and so when he was 15. In total he received a sentence of 42 detention in a Young Offenders' Institution. In addition, Mr Moludi had two reprimands, both in 2003. One reprimand had been for robbery, the other for threatening words and behaviour.

12

Prior to passing sentence, Judge Clifton had a pre-sentence report prepared by Wayne Stacker. Mr Moludi told Mr Stacker that he had been using cannabis since he had been in Year 9. Mr Stacker considered that Mr Moludi posed a high risk of re-offencing and causing serious harm. He had a history of violent offending with escalating seriousness. He had a network of criminal associates and a previous history of gang affiliation. He had left school without any formal qualifications. He had a lack of empathy for his victim.

13

In passing sentence, Judge Clifton considered that there were a number of aggravating circumstances. He found that Mr Moludi intended to kill Mr Orlando, the offence had taken place in a public area – a children's playground. Mr Moludi was 17 days short of his 17 th birthday, but he had actual maturity greater than his chronological age. He had been on licence at the time of the murder. For all of these reasons, the Judge considered that the starting point for the minimum term of 12 years should be increased to 16...

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