Birkett, R v

Birkett, R v

The Recorder’s starting point of six years after trial was manifestly excessive given the circumstances of the offence; the appropriate starting point was four and a half years after trial, resulting in a three-year determinate sentence after credit for plea. The requirements for imprisonment for public protection were not met.

Parties
Prosecution: Regina; Appellant: Alan Leslie Birkett
Jurisdiction
England and Wales
Judgment Date
21 October 2009
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
sentence quashed and substituted
Legal Topics
Arson, Sentencing, Dangerousness, Imprisonment for Public Protection
Criminal Law Arson Sentencing Dangerousness Imprisonment for Public Protection

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 1 Amounts and remedies 4
Sign in to unlock

Parties

Regina

Prosecution

Alan Leslie Birkett

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of imprisonment for public protection was appropriate
  2. 2 Whether the starting point for sentencing was manifestly excessive
  3. 3 Whether the appellant should have been assessed as dangerous

Ratio Decidendi

The Recorder’s starting point of six years after trial was manifestly excessive given the circumstances of the offence; the appropriate starting point was four and a half years after trial, resulting in a three-year determinate sentence after credit for plea. The requirements for imprisonment for public protection were not met.

Court Disposition

sentence quashed and substituted

Orders

  • The sentence of imprisonment for public protection is quashed.
  • A determinate sentence of three years is substituted, with the same discount for days spent on remand.