Myrie, AG Reference 68 of 2008 [2008] EWCA Crim 3188 (19 December 2008)

Myrie, AG Reference 68 of 2008 [2008] EWCA Crim 3188 (19 December 2008)

Given the aggravating features—premeditation, risk to sleeping occupants including children, use of petrol, and the fire being set at the main exit—the original sentence was unduly lenient. The appropriate sentence, after full credit for a guilty plea and mitigation, is four-and-a-half years' imprisonment.

Source-derived case information.

Citation
[2008] EWCA Crim 3188
Parties
Applicant: Attorney General; Offender/respondent: Owen Anthony Myrie
Jurisdiction
England and Wales
Judgment Date
19 December 2008
Procedural Posture
Attorney General's Reference (criminal) / Appeal Against Sentence Under S.36 Criminal Justice Act 1988
Outcome
Sentence increased
Legal Topics
Arson, Sentencing, Recklessness, Unduly Lenient Sentences
Criminal Law Arson Sentencing Recklessness Unduly Lenient Sentences

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Parties

Attorney General

Applicant

Owen Anthony Myrie

Offender/respondent

Procedural Posture

Attorney General's Reference (criminal) / Appeal Against Sentence Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentence of 30 months' imprisonment for reckless arson was unduly lenient
  2. 2 Appropriate sentencing range for arson being reckless as to whether life would be endangered

Ratio Decidendi

Given the aggravating features—premeditation, risk to sleeping occupants including children, use of petrol, and the fire being set at the main exit—the original sentence was unduly lenient. The appropriate sentence, after full credit for a guilty plea and mitigation, is four-and-a-half years' imprisonment.

Court Disposition

Sentence increased

Orders

  • Original sentence of 30 months' imprisonment quashed
  • Substituted sentence of four-and-a-half years' imprisonment imposed with full credit for time served