Batchelor, R v

Batchelor, R v

The seriousness of the offence, with multiple aggravating features, warranted a significantly higher custodial sentence. The suspended sentence of 2 years was unduly lenient. The appropriate sentence, after considering mitigation and credit for plea, was 38 months' immediate imprisonment.

Parties
Applicant: Attorney General; Respondent/offender: Lee Batchelor
Jurisdiction
England and Wales
Judgment Date
18 October 2018
Procedural Posture
Criminal Appeal (reference by Attorney General) / Appeal Against Sentence (unduly Lenient Sentence Reference)
Outcome
Appeal allowed; sentence increased
Legal Topics
Arson, Sentencing, Unduly Lenient Sentence, Aggravating and Mitigating Factors
Criminal Law Arson Sentencing Unduly Lenient Sentence Aggravating and Mitigating Factors

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Parties

Attorney General

Applicant

Lee Batchelor

Respondent/offender

Procedural Posture

Criminal Appeal (reference by Attorney General) / Appeal Against Sentence (unduly Lenient Sentence Reference)

Legal Issues

  1. 1 Whether the sentence imposed for arson being reckless as to whether life would be endangered was unduly lenient
  2. 2 What is the appropriate sentence for arson with aggravating and mitigating factors

Ratio Decidendi

The seriousness of the offence, with multiple aggravating features, warranted a significantly higher custodial sentence. The suspended sentence of 2 years was unduly lenient. The appropriate sentence, after considering mitigation and credit for plea, was 38 months' immediate imprisonment.

Court Disposition

Appeal allowed; sentence increased

Orders

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