Attorney-General's Reference No 39 of 2016

Attorney-General's Reference No 39 of 2016

The original sentence was unduly lenient given the deliberate campaign of intimidation, seriousness of the arson offences, lack of remorse, and breach of restraining orders. The appropriate sentence for arson being reckless as to whether life was endangered should have been six years, with consecutive sentences for related offences, resulting in a total of six and a half years' imprisonment.

Parties
Applicant: Attorney General; Respondent: Alan Hichens
Jurisdiction
England and Wales
Judgment Date
27 May 2016
Procedural Posture
Criminal Reference / Appeal
Outcome
appeal allowed
Legal Topics
Arson, Sentencing, Breach of Restraining Order, Unduly Lenient Sentence
Criminal Law Arson Sentencing Breach of Restraining Order Unduly Lenient Sentence

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Parties

Attorney General

Applicant

Alan Hichens

Respondent

Procedural Posture

Criminal Reference / Appeal

Legal Issues

  1. 1 Whether the original sentence imposed for arson and related offences was unduly lenient
  2. 2 Appropriate sentencing for arson being reckless as to whether life was endangered
  3. 3 Consideration of dangerousness and extended sentence

Ratio Decidendi

The original sentence was unduly lenient given the deliberate campaign of intimidation, seriousness of the arson offences, lack of remorse, and breach of restraining orders. The appropriate sentence for arson being reckless as to whether life was endangered should have been six years, with consecutive sentences for related offences, resulting in a total of six and a half years' imprisonment.

Court Disposition

appeal allowed

Orders

  • Sentence of three years' imprisonment on count 4 quashed and substituted with six years' imprisonment.
  • Consecutive sentence of six months' imprisonment on count 2 retained.