Goodfellow, R. v [2007] EWCA Crim 1733 (14 May 2007)

Goodfellow, R. v [2007] EWCA Crim 1733 (14 May 2007)

The starting point of seven years adopted by the sentencing judge was too high for offenders of this age and on these facts; a sentence of three years' detention is appropriate, reflecting the seriousness of the offence but also the youth and mitigation available.

Citation
[2007] EWCA Crim 1733
Parties
Prosecution: Regina; Appellant: Carl Goodfellow; Appellant: Carl Jevons
Jurisdiction
England and Wales
Judgment Date
14 May 2007
Procedural Posture
Criminal Appeal / Sentence Appeal
Outcome
appeal allowed in part
Legal Topics
Arson, Sentencing, Youth Offenders, Recklessness
Criminal Law Arson Sentencing Youth Offenders Recklessness

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Parties

Regina

Prosecution

Carl Goodfellow

Appellant

Carl Jevons

Appellant

Procedural Posture

Criminal Appeal / Sentence Appeal

Legal Issues

  1. 1 Whether the sentence of five years' detention for arson being reckless as to whether life is endangered was manifestly excessive for young offenders.

Ratio Decidendi

The starting point of seven years adopted by the sentencing judge was too high for offenders of this age and on these facts; a sentence of three years' detention is appropriate, reflecting the seriousness of the offence but also the youth and mitigation available.

Court Disposition

appeal allowed in part

Orders

  • Sentence of five years' detention quashed and substituted with three years' detention pursuant to section 91 of the Powers of Criminal Courts (Sentencing) Act 2000.