before 2000 by applying the relevant practice directions and other guidance available. if the minimum term to be served would have been shorter before december 2002 that i must apply that shorter term. i start therefore by considering the appropriate term you must serve by reference to scheduled 2i appropriate term you must serve by reference to scheduled 21 of the sentencing act. in this context i make the following findings which i am sure, having the trialjudge, you lured nikki allan away by telling her lies. 0nly lured nikki allan away by telling her lies. only you know what you said to her, to cause her to leave the gully with you shortly before 10pm in 1992 to leave with you. somehow you tricked her into going with you to the opposite direction to her home and on a cold and dark night. you do not use force. a witness saw you both on your way to the old exchange building, you leading the way and nikki allan skipping along after you, the impression of that witness was
exchange building approximates to the abduction scenario. the killing did not involve sexual motivation and ifind no evidence you did not involve sexual motivation and i find no evidence you were sexually thrilled by the killing. but the whole purpose of your tricking nikki to go to the derelict building was as i have found, in order to assault her sexually. the presence of these factors in conjunction with other factors which i have identified in my findings of fact, have caused me to reflect very carefully upon whether this is one of those exceptional cases in which a whole life order should be imposed. mr ryder does not urge that course upon me and on reflection rightly so. recent guidance on court appeal remindsjudges rightly so. recent guidance on court appeal reminds judges that whole life orders should be imposed only where the facts of the case considered as a whole will leave the judge in no doubt that the offender must be kept in prison for the rest of his or her life and it
suffering in the moments before her loss of consciousness, and she must die quickly knowing that you were coming after her and there was nowhere for her to hide. she was in a cold pitch black building and her terror at what was to happen is unimaginable. you then take steps to conceal what you have done and you did your best to hide her body by dragging her down into the dark cellar when you dumped her in the far corner of the room furthest away from the staircase. no one would have been likely to have found her body, had they not been looking for it in the cellar with a decent torch. you then covered yourself by giving false information to the police and provided yourself with a neat but false alibi. claiming to have been away getting fish and chips for a friend at the time when
witness saw you both on your way to the old exchange building, you leading the way and nikki allan skipping along after you, the impression of that witness was that you were father and daughter. you did not need to use force. because she knew you and she trusted you. the jury heard evidence that she was shy and clinging to her mother. not a child who would have been inclined to go off with a stranger but you knew her family and they knew. they knew new. your purpose in taking her away to the old exchange building was sexual. you intended to sexually assault her, either in the grounds of the old exchange building or in the building itself and you were aged 25 at the time and she was seven. there could have been no benign reason for wishing to trick
and even a question for me is whether reflecting on the types of conduct referred to in those statutory examples, i am satisfied that there exists features of the murder of nikki allan which justifies that description of her murder as particularly high seriousness and i am entirely satisfied that those features do exist. i have only stated my conclusion that whilst you do not physically abduct her, what you did by tricking a trusting seven year old girl was very close to such a scenario and that factor is one that i can and must take into account when considering the seriousness of the murder. i also take into account that your purpose in taking her away from her family was to sexually assault her and this is what you did. 0r was to sexually assault her and this is what you did. or at least tried to do when in the scrubland around the building. 0ne to do when in the scrubland around the building. one of the examples of factors which would normallyjustify