Finnemore, R v

Finnemore, R v

The original sentence of 5 years' imprisonment was unduly lenient given the seriousness, premeditation, and impact of the offences, and the offender's previous convictions for similar offences; the appropriate sentence is 10 years' imprisonment.

Parties
Applicant: Attorney General; Respondent/offender: Darren John Finnemore
Jurisdiction
England and Wales
Judgment Date
03 September 2019
Procedural Posture
Criminal Reference / Appeal Against Sentence Under S.36 Criminal Justice Act 1988
Outcome
Sentence increased on appeal
Legal Topics
Sentencing, Arson, Unduly Lenient Sentences, Mental Health Mitigation
Criminal Law Sentencing Arson Unduly Lenient Sentences Mental Health Mitigation

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Parties

Attorney General

Applicant

Darren John Finnemore

Respondent/offender

Procedural Posture

Criminal Reference / Appeal Against Sentence Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the original sentence for arson offences was unduly lenient
  2. 2 Appropriate sentencing range for arson with intent to endanger life and reckless arson

Ratio Decidendi

The original sentence of 5 years' imprisonment was unduly lenient given the seriousness, premeditation, and impact of the offences, and the offender's previous convictions for similar offences; the appropriate sentence is 10 years' imprisonment.

Court Disposition

Sentence increased on appeal

Orders

  • Leave granted
  • Sentence on count 7 quashed