Goodfellow, R. v

The starting point for sentencing was too high for appellants of this age; three years' detention is appropriate given the facts and relevant authorities.

Parties: Prosecution: Regina; Appellant: Carl Goodfellow; Appellant: Carl Jevons
Jurisdiction: England and Wales
Judgment Date: 14 May 2007
Procedural Posture: Criminal Appeal / Judgment on Sentence Appeal
Outcome: appeal allowed in part
Legal Topics: Arson, Sentencing, Recklessness, Young Offenders

Criminal Law Arson Sentencing Recklessness Young Offenders

Case Brief

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Parties

Regina

Prosecution

Carl Goodfellow

Appellant

Carl Jevons

Appellant

Procedural Posture

Criminal Appeal / Judgment on Sentence Appeal

Legal Issues

1 Whether the sentence of five years' detention for arson being reckless as to whether life is endangered was manifestly excessive given the appellants' ages, guilty pleas, and personal mitigation.

Ratio Decidendi

The starting point for sentencing was too high for appellants of this age; three years' detention is appropriate given the facts and relevant authorities.

Court Disposition

appeal allowed in part

Orders

Sentence reduced from five years to three years' detention pursuant to section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 for both appellants.