GUILTY UK - Lindsay Birbeck, 47, teaching asst, found deceased, Accrington, 12 Aug 2019 *teen arrested* #5

[Alyce]

David McLachlan QC is now addressing the court and summarising the last two weeks of proceedings

Mr McLachlan: "There can be but one sentence and it is mandatory in respect of murder - it is a sentence of life imprisonment.

"In relation to the minimum term, it is 12 years due to the fact he was under 18 when the offence was committed.

"We submit that the following may be relevant: a significant element of planning or premeditation and hiding and attempting to dismember Lindsay’s body.

Sarah Birbeck's victim personal statment is now being read to the court.

"We thought she might have had an accident while out walking.

"But even after mountain rescue were doing their searches I knew it was bad.

"When the police found her body we knew it was her.

"The last 12 months have felt like it might not be real.

"We are suffering. My brother Stephen and I have lost our mum.






Live: Rocky Price to be sentenced for Lindsay Birbeck murder

 

[Alyce]

Victim statement from Lindsay's daughter Sarah

Junior prosecutor Simon Driver has read out a powerful and heartbreaking victim personal statement from Lindsay’s daughter Sarah Birbeck.

Here is her statement in full:


On August 12, 2019, it was just like any normal day.

I met my mum and went shopping for some new school uniform and arranged with her to have tea later the same day.

Little did I know that day, when I said goodbye to her, it would be the last time I saw her alive.

When I went round for tea and she wasn’t there. I sat waiting for her for over an hour with my boyfriend. I couldn’t understand where she could be.

After an hour I left and went back home. I tried numerous times to contact her not knowing that she was already dead.

As a family we have never had any contact with the police before but from the moment she was reported missing I felt like the police were constantly asking us questions and explaining what they were doing to find my mum.

This felt very weird, like it happens to other families not ours.

The next 12 days were absolutely awful not knowing where my mum was or what happened.

Initially I think all the family thought she might have had an accident out walking but once mountain rescue had done their search I think deep down I knew it was going to be something bad.

My mum would not leave us out of choice, I knew that.

When the police told us they had found a body we all knew it was her. The last bit of hope we had that she might still be alive was gone.

Over the past 12 months it had felt like it has not been real.

We are a small, very close family and we are all suffering. My brother Steven and I have lost our mum.

This wasn’t supposed to happen like this. We are going to grow up without her by our side.

We will both have to get married without her there, have children and live the rest of our lives without her love and guidance.

Steven recently won an award for apprentice of the year. He went to pick up the phone to let my mum know before the awful realisation that she is no longer here.

She is gone forever. Her brother Darryl, my uncle, is really struggling. They grew up very close and remained that way.

When he married his wife Tracy , mum sorted out a lot of the arrangements and my uncle said this was one of the best days of his life mainly thanks to her.

My granddad has lost a daughter, he feels that you should not outlive your own child.

My dad Tim was married to my mum although they had separated and I know he is finding it very difficult.

He is now a single parent and having to make lots of decisions without my mum for guidance.

I know he feels very sad for Steven and I that we have lost our mum and there is nothing he can do to take our pain away.

My mum was a higher level teaching assistant and the irony is she would have taught boys like the defendant and would have tried her best to help him.

To know now that he murdered her for absolutely no reason is heartbreaking and has not sunk in yet. Not within me or other members of my family.

The fact that he has made us come to court and listen to every graphic detail of my mums murder when he could have saved us this pain by pleading guilty is unforgivable.

All our lives are completely ruined and I don’t see how we will ever recover as a family as the void that has been left will never be filled.



Lindsay Birbeck murder retrial: Rocky Price to be sentenced - updates

 

[Alyce]

Defence mitigation

Defence barrister Mark Fenhalls QC is now representing the judge.

He said they agree that the starting point is 12 years in detention.

He said: “It’s one of the truly unusual features of this case that Mr Price concealed her body in the graveyard rather than up in the Coppice somewhere.

“I don’t say it to mitigate but it’s perhaps not as serious when concealment is all about a far greater set of circumstances.”

The Judge responded saying Price first hid Lindsay in a wheelie bin and there was an attempt to dismember her body which are aggravating features and will cause significant distress to her family.



Lindsay Birbeck murder retrial: Rocky Price to be sentenced - updates

 

[Alyce]

it’s perhaps not as serious when concealment is all about a far greater set of circumstances.”

I really find that to be an appalling argument

 

[Alyce]

'Stranger murder strike fear into community'
The judge has referred Mr Fenhalls to a statement he made during the trial where he described a stranger murder as ‘extremely unusual’

Mrs Justice Yip said: “The effect of that is to strike fear into the community.”

She said there must be a ‘significant uplift’ in the 12 year sentence starting point.


Lindsay Birbeck murder retrial: Rocky Price to be sentenced - updates

 

[Alyce]

She said there must be a ‘significant uplift’ in the 12 year sentence starting point.


Excellent

 

[SpursGyal]

Sounds like the judge is heading for the 20 year mark...

 

[Alyce]

Sounds like the judge is heading for the 20 year mark...

She's good - as I said, I've followed a case with her before - hope she goes for the max possible

 

[Alyce]

There was an intent to kill'
Mr Fenhalls asked the judge to sentence Price on the basis of ‘lesser intent’.

Mrs Justice Yip said: “The injuries to the neck were particularly severe.

“[Home Office pathologist] Dr Carter thought it was not a realistic possibility the neck injuries were all done after death.

“The only conclusion one can draw is there was an intent to kill. If some damage was done after death it must have been done to make sure she was dead.”




Lindsay Birbeck murder retrial: Rocky Price to be sentenced - updates

 

[Alyce]

Her Honour Mrs Justice Yip has said: "The injuries to the neck are particularly severe.

"Dr Carter said she thought there may have been additional damage after death.

"The only conclusion that we can draw is that there was an intent to kill. And to make sure she was dead."

Mr Fenhalls: "The other mitigating factor is his condition."

Judge: "When I have looked at this I don't feel it provides any explanation to why he did what he did."


Live: Rocky Price to be sentenced for Lindsay Birbeck murder

 

[Alyce]

Never shown tendency towards violence or harming anybody else'

Mr Fenhalls said: “He has an IQ of only 65 and has the learning and communication difficulties that he does.

“Prior to this incident you heard evidence from the teachers that he had never given a shred of concern about a tendency towards violence or harming anybody else.

“All of that is reflective of a very different child from the one facing sentence for the conviction he received.

“He will be 18 next year. Incarceration for him will be very significantly more challenging for him than the vast majority of others.

“Nothing that will happen to Rocky Price will plug the hole Lindsay’s family now feel.

“The minimum term can be kept and the public can be reassured that the system is involved in assessing and reviewing safeguards in the future.”

Behaviour 'good' on remand
The judge has confirmed Price’s behaviour has been ‘good’ while on remand at HMP Wetherby.



Lindsay Birbeck murder retrial: Rocky Price to be sentenced - updates

 

[Alyce]

Mr Fenhalls: "He has an IQ of 65, he is autistic, and prior to this you heard evidence from the teachers that he'd never given them a shred of concern that he was violent and all this is a reflection of a very different child than the one who sits here today.

"He will be 18 next year and incarceration for him will be significantly more challenging than the vast majority of others.

"He is a unique child and one the parole board will consider a risk in the future.

Nothing that will happen to Rocky Price will plug the hole Lindsay’s family now feel.

“The minimum term can be kept and the public can be reassured that the system is involved in assessing and reviewing safeguards in the future.”



Live: Rocky Price to be sentenced for Lindsay Birbeck murder

 

[Alyce]

346 days on remand to count
Mr McLachlan said rocky Price has been in custody for 352 days since his arrest on August 27 last year.

However he said for purpose of sentencing only 346 days will count as the clock started when he first appeared at court on September 2.

This will count towards Price’s ultimate sentence.

Lindsay Birbeck murder retrial: Rocky Price to be sentenced - updates

 

[Alyce]

Judge to sentence at 11.30am
The judge has risen to consider the submissions made by the prosecution and defence.

She will return at 11.30am to pass sentence.

Lindsay Birbeck murder retrial: Rocky Price to be sentenced - updates

 

[Alyce]

snipped from above


Mr Fenhalls: "The other mitigating factor is his condition."

Judge: "When I have looked at this I don't feel it provides any explanation to why he did what he did."


I think she has the measure of him

 

[Alyce]

11:28

Judge returns
The judge is back in court and is starting her sentencing remarks.

She said: “There is only one sentence for a murder and that is a sentence of life imprisonment.

“A life sentence is just that. It maybe that the defendant is never released from custody.

“If he is he will be on licence and likely to be recalled to prison for the rest of his life.

“There has to be a minimum term he will serve before he can be considered for release.”

Normal full life'
The judge said Lindsay lived a “normal, full life”

She worked as a high level teaching assistant and was much loved by her children, her family and friends.


Only conclusion I can draw is he was looking for a woman to kill'
The Judge said: “That danger came in the form of Rocky Price.

“He lay in wait on the Coppice near to Lindsay’s home.

“The only conclusion I can draw is he was looking for a woman to kill.

“I don’t know what was on his mind at the time.

“No evidence he had a weapon or equipped to kill.

“I am sure he had formed a murderous intent by 4pm that day.”

Mrs Yip he had been stalking Zoe Braithwaite and she was “lucky” but Lindsay was not.

 

[Alyce]

Amanda Justice Yip: "There is only one sentence for murder which is a mandatory life sentence.

"This is expressed as detention at her majesty's pleasue.

"It may be that he is never released, if he is he will be on licence and likely to be recalled to prison for the rest oif his life.

"There has to be a minimum term he will serve before he can be considered for release.

"We have heard today the victim personal statement from Sarah Birbeck which reflects the terrible loss to their whole family.

"Throughout, their family and friends have conducted themselves with dignity.

"They have my deepest sympathy.

"When Lindsay went for a walk in broad daylight nobody could've dreamt she would be putting herself in the path of danger.

"I am sure Rocky Price had formed a murderous intent by 4pm that day




Live: Rocky Price to be sentenced for Lindsay Birbeck murder

 

[Alyce]

Why the defendant chose to kill Lindsay only he knows'
Mrs Yip said “The defendant had the wherewithal the turn off Lindsay’s phone or destroy it after her death.

“Why the defendant chose to kill Lindsay only he knows.

“The evidence of the other woman demonstrates beyond doubt she was not targeted for any reason other that being a lone woman.

“This was the entire random killing of a stranger. Such killings are rare



Lindsay Birbeck murder retrial: Rocky Price to be sentenced - updates

 

[katydid23]

I hope she gives a serious amount of time. Although, he does have mental issues, with a very low IQ and autism. So he does have some explanations, that many young killers do not have.

 

[Alyce]

Another woman was hurrying away from the Coppice from a different direction.

"She was lucky. Lindsay Birbeck was not. She entered the Coppice just moments later.

"We have no evidence of what happened last but we know the defendant killed her.

"By 4.30pm her phone was not receiving messages

There was no apparent motive, why the defendant killed Lindsay only he knows.

"This was the entirely random killing of a stranger

"While these crimes are rare they strike fear into communities.

The evidence leaves me in no doubt that the defendent killed Lindsay.

"Having killed Lindsay, Rocky Price set about concealing her body.

"He went home then returned with a rucksack. He may have had a saw with him.

He buried her in a shallow grave in the cemetery.

"It is an odd feature that the defedant chose to move the body from the Coppice.

"I cannot specualte why he chose to do that but it did lay undetected for 12 days.

"I cannot imagine her family's agony.


The defendant was identified by CCTV images, brazenly wheeling the bin through Accrington.

"His parents took him to the police station where he denied killing Mrs Birbeck.

He was 16 years old at the time of the offence.

"He has learning difficultues and an IQ of 65,

"He has autism and ADHD.

"He has no previous convictions or cautions


Live: Rocky Price to be sentenced for Lindsay Birbeck murder