Myrie, AG Reference 68 of 2008

Myrie, AG Reference 68 of 2008

The sentence of 30 months was unduly lenient given the aggravating features and relevant authorities; a sentence of four-and-a-half years' imprisonment is appropriate after full credit for mitigation and time served.

Parties
Applicant: Attorney General; Respondent/offender: Owen Anthony Myrie
Jurisdiction
England and Wales
Judgment Date
19 December 2008
Procedural Posture
Criminal Reference / Reference by Attorney General Under S.36 Criminal Justice Act 1988; Appeal Against Sentence
Outcome
Sentence increased
Legal Topics
Arson, Sentencing, Unduly Lenient Sentence, Recklessness, Appeal Procedure
Criminal Law Arson Sentencing Unduly Lenient Sentence Recklessness Appeal Procedure

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Parties

Attorney General

Applicant

Owen Anthony Myrie

Respondent/offender

Procedural Posture

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

Legal Issues

  1. 1 Whether the sentence of 30 months' imprisonment for arson being reckless as to whether life would be endangered was unduly lenient
  2. 2 What is the appropriate sentencing range for reckless arson with aggravating and mitigating features

Ratio Decidendi

The sentence of 30 months was unduly lenient given the aggravating features and relevant authorities; a sentence of four-and-a-half years' imprisonment is appropriate after full credit for mitigation and time served.

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