The decision of The Honourable Mr Justice Nicol on the review of the tariff in the case of Shamari Hanchard-Kerr
| Jurisdiction | England & Wales |
| Judge | Mr Justice Nicol |
| Judgment Date | 16 February 2021 |
| Neutral Citation | [2021] EWHC 265 (QB) |
| Court | Queen's Bench Division |
| Date | 16 February 2021 |
| Docket Number | Case No: YOR/2020/7 |
[2021] EWHC 265 (QB)
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
Royal Courts of Justice
Strand, London, WC2A 2LL
Mr Justice Nicol
Case No: YOR/2020/7
Approved Judgment
Shamari Hanchard-Kerr was born on 3 rd December 1992.
On 17 th August 2010 Mr Hanchard-Kerr murdered Razi-Ul Hassan. He was thus 17 at the time of the murder. He was tried in Birmingham Crown Court before Simon J. and a jury. He was convicted of the murder. He was also convicted of offences contrary to Offences Against the Person Act 1861 s.18 in relation to two other victims: Amir Imam and Qasin Medhi. Mr Hanchard-Kerr's identical twin brother, Jamahl Kamahl, (‘Kamahl’) was also accused of all three offences. Kamahl was acquitted of all those offences. He did, however, plead guilty to a count of affray which was brought against Kamahl alone.
On 7 th April 2011 Mr Hanchard-Kerr was sentenced to detention during Her Majesty's pleasure for murder. The minimum term specified was 15 years less 233 days which he had spent on remand. For the two counts of s.18 wounding, the Judge imposed concurrent terms of 12 years.
For the offence of affray, Kamahl received a sentence of 18 months detention in a Young Offenders Institution less the 233 days which Kamahl had spent on remand.
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.
The offence and sentence
The offences took place in the Whitemore Reans area of Wolverhampton.
The victims were known to Mr Hanchard-Kerr who had been at school with their younger brothers. Indeed, the Judge said that the victims' families had treated the Hanchard-Kerr brothers as part of their extended families. There was an argument about a debt said to be owed by Kamahl. There was an altercation in the course of which Mr Hanchard-Kerr was assaulted. However, he then used grossly disproportionate force in response. He had with him a Rambo-style knife which was approximately 12 cm long. Mr Hanchard-Kerr used this knife to stab Mr Razi-Ul Hassan three times. He also used the knife to stab each of Mr Imam and Mr Medhi 3 times. Mr Hassan died. Mr Imam and Mr Medhi suffered life-threatening injuries.
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 Hanchard-Kerr could be considered for parole.
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 Hanchard-Kerr'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.
Mr Hanchard-Kerr had 9 previous convictions. They included several for offences of violence (including two of robbery, one of assaulting a constable and one of affray). They also included one offence of possession of heroin.
The Judge also had a pre-sentence report from Ms Rachel Cornwall. The Judge commented that there was little to Mr Hanchard-Kerr's credit in the PSR: it showed him behaving in a truculent and aggressive manner which had continued while he had been on remand. In the view of Ms Cornwall, Mr Hanchard-Kerr showed no real remorse or comprehension of how his actions had destroyed the lives of others. She considered that he posed a high risk of harm to others, particularly given the escalation in his criminal offending and his behaviour in prison.
His parents were separated, and he lived with his mother and five brothers. Mr Hanchard-Kerr reported that he had had a partner for 4 1/2 years, but whom he...
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