OFFENDER XAVIER THEMIS (GARY HOPKINS) FAILS IN SENTENCE CHALLENGE IN LONDON

In August 2008, a tragic case involving a child killer failed to have his minimum jail term reduced at London's High Court. Xavier Themis, 50, formerly known as Gary Hopkins, was convicted of the murder of three-year-old Leoni Keating in June 1986 at Ipswich Crown Court. Themis had abducted Leoni from a caravan park in Great Yarmouth, and her body was discovered four days later in a river near Mildenhall.

Initially, he was sentenced to die behind bars, but in 1994, then-Home Secretary Michael Howard reduced his tariff to a minimum of 30 years. At the hearing, Themis sought to further lower this minimum, claiming he had made significant progress in prison. His legal team argued that his high IQ and possible diagnosis of Asperger’s syndrome at the time of the offence might support a reduction. However, Mr. Justice Field dismissed these claims, describing the murder as "sheer evil" and "horrific." The judge noted that Themis was fit to stand trial at the time and lacked any diminished responsibility defense.

The judge stated that Themis’s conduct in prison had not been "exceptional" enough to justify a shorter tariff. The murder took place on the night of September 13, 1985, when Themis took Leoni from a caravan at the Seashore Holiday Camp in Great Yarmouth. Her body was found four days later, gagged, with her hands tied using a washing line, and had been sexually assaulted.

Following a police investigation, a search of the waterway and surrounding areas was conducted. Eight months later, Hopkins, then unemployed and from Bedford, was sentenced to four life sentences for the abduction and murder of Leoni, as well as for the kidnapping of a 10-year-old girl from an Essex caravan site and a 14-year-old girl from Great Yarmouth.

Although Hopkins admitted to kidnapping Leoni, he denied killing her, claiming he left her alive with her hands tied in woodland. Because of the time he had spent on remand before sentencing, the court’s decision indicates that Themis—who was 27 at the time of the murder—can seek parole in 2016, provided he convinces authorities he is no longer a danger.

In his detailed judgment, Mr. Justice Field explained that Themis was convicted of the murder of Leoni Cornell, who was just three years old. The night of the crime, Themis abducted her from her mother’s caravan, sexually assaulted her, and then tied her hands before throwing her into a water channel, where she drowned. The court noted that Themis was 27 at the time.

The trial judge recommended a minimum of 25 years, while the Lord Chief Justice suggested a 99-year tariff, effectively lifelong imprisonment. The Home Secretary set the minimum at 30 years, which was notified on November 22, 1994. Themis then applied under the Criminal Justice Act 2003 to review this minimum term, with the court considering psychiatric and other reports as part of the process.

The court outlined relevant legal principles, emphasizing that for such a severely serious offence, the initial minimum could be a whole life order, especially given the nature of the murder involving sexual and sadistic motivations. The court also acknowledged that the minimum term could be set at a minimum of 30 years, considering the high seriousness of the offence.

In assessing whether to adjust the minimum, the judge found no mitigating factors sufficient to warrant reduction. Even if Asperger’s syndrome was present, it would not mitigate the brutality of the murder, which Themis committed while fit to plead. His conduct in prison so far was also deemed not "exceptional" enough.

Concluding, Mr. Justice Field stated that there was no reason to reduce the minimum term of 30 years and that the sentence would stand, minus the 6 months and 22 days Themis had already spent in custody on remand.