Wheeler, R v [1997] EWCA Crim 1032 (29 April 1997)

Wheeler, R v [1997] EWCA Crim 1032 (29 April 1997)

For arson being reckless as to whether life would be endangered, an immediate and severe custodial sentence is required unless there are exceptional circumstances or mental health issues; the original non-custodial sentence was unduly lenient and substituted with a custodial term.

Citation
[1997] EWCA Crim 1032
Parties
Applicant: Attorney General; Offender: Glen Wheeler
Jurisdiction
England and Wales
Judgment Date
29 April 1997
Procedural Posture
Attorney General's Reference (criminal) / Sentence Review on Ground of Undue Leniency
Outcome
Original sentence quashed; substituted with four-and-a-half years' imprisonment.
Legal Topics
Arson, Sentencing, Recklessness, Endangerment of Life
Criminal Law Arson Sentencing Recklessness Endangerment of Life

Case Brief

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Parties

Attorney General

Applicant

Glen Wheeler

Offender

Procedural Posture

Attorney General's Reference (criminal) / Sentence Review on Ground of Undue Leniency

Legal Issues

  1. 1 Whether the sentence imposed for arson being reckless as to whether life would be endangered was unduly lenient
  2. 2 Whether immediate imprisonment is mandatory for such offences absent exceptional circumstances

Ratio Decidendi

For arson being reckless as to whether life would be endangered, an immediate and severe custodial sentence is required unless there are exceptional circumstances or mental health issues; the original non-custodial sentence was unduly lenient and substituted with a custodial term.

Court Disposition

Original sentence quashed; substituted with four-and-a-half years' imprisonment.

Orders

  • Offender to serve four-and-a-half years' imprisonment from date of surrender.
  • Offender to surrender to West Bromwich Police Station within 48 hours.