ABSTRACT

Lord Hailsham of St Marylebone LC: ... I take the facts of these truly horrible cases almost verbatim from the judgment of Lord Lane CJ [1986] QB 626 in the instant appeal. First, as to the case of Howe and Bannister, Murray and Bailey, the facts were as follows. At the time of the offences Howe and Bailey were 19, Bannister was 20 and Murray was 35. Howe had one minor conviction for motoring offences. Bannister had convictions for theft and burglary but none for violence. He was on probation. Bailey had convictions for burglary and theft. Murray had 25 previous court appearances, including two convictions for assault occasioning actual bodily harm, and in 1974 he had been convicted of assault with intent to rob and robbery in respect of which he had been sentenced to eight years’ imprisonment.