Batchelor, R v [2018] EWCA Crim 2506 (18 October 2018)

Batchelor, R v [2018] EWCA Crim 2506 (18 October 2018)

The suspended sentence of 2 years was unduly lenient given the high culpability and risk to life; the appropriate sentence, after considering mitigation and full credit for guilty plea, is 38 months' immediate imprisonment.

Citation
[2018] EWCA Crim 2506
Parties
Prosecution: Regina; Offender: Lee Batchelor
Jurisdiction
England and Wales
Judgment Date
18 October 2018
Procedural Posture
Criminal Appeal Reference by Attorney General / Appeal Against Sentence Under S.36 Criminal Justice Act 1988
Outcome
Appeal allowed; sentence increased.
Legal Topics
Arson, Sentencing, Unduly Lenient Sentences, Recklessness, Mitigation
Criminal Law Arson Sentencing Unduly Lenient Sentences Recklessness Mitigation

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Parties

Regina

Prosecution

Lee Batchelor

Offender

Procedural Posture

Criminal Appeal Reference by Attorney General / Appeal Against Sentence Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the suspended sentence for arson being reckless as to whether life was endangered was unduly lenient
  2. 2 Appropriate sentence for arson with aggravating and mitigating factors

Ratio Decidendi

The suspended sentence of 2 years was unduly lenient given the high culpability and risk to life; the appropriate sentence, after considering mitigation and full credit for guilty plea, is 38 months' immediate imprisonment.

Court Disposition

Appeal allowed; sentence increased.

Orders

  • Original sentence of 2 years' imprisonment suspended for 2 years quashed.
  • Substituted sentence of 38 months' immediate imprisonment imposed.