Bowser, R. v

Bowser, R. v

The sentencing judge erred by applying the sentencing range for arson with intent rather than reckless arson, to which the appellant pleaded guilty. The appropriate specified period under section 82A of the Powers of Criminal Court (S) Act 2000 is two years, not three. Imprisonment for public protection was not available for intimidation, and the sentence for criminal damage exceeded the statutory maximum.

Parties
Prosecution: Regina; Appellant: Clive Thomas Bowser
Jurisdiction
England and Wales
Judgment Date
03 May 2006
Procedural Posture
Criminal Appeal / Judgment on Sentence Appeal
Outcome
appeal allowed in part
Legal Topics
Arson, Recklessness, Sentencing, Imprisonment for Public Protection, Intimidation, Criminal Damage
Criminal Law Arson Recklessness Sentencing Imprisonment for Public Protection Intimidation Criminal Damage

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Parties

Regina

Prosecution

Clive Thomas Bowser

Appellant

Procedural Posture

Criminal Appeal / Judgment on Sentence Appeal

Legal Issues

  1. 1 Whether the sentencing judge erred by applying the sentencing bracket for arson with intent rather than reckless arson
  2. 2 Whether imprisonment for public protection was appropriate for the intimidation offence
  3. 3 Whether the sentence for criminal damage exceeded the statutory maximum

Ratio Decidendi

The sentencing judge erred by applying the sentencing range for arson with intent rather than reckless arson, to which the appellant pleaded guilty. The appropriate specified period under section 82A of the Powers of Criminal Court (S) Act 2000 is two years, not three. Imprisonment for public protection was not available for intimidation, and the sentence for criminal damage exceeded the statutory maximum.

Court Disposition

appeal allowed in part

Orders

  • Specified period for arson reduced from three years to two years
  • Imprisonment for public protection for intimidation quashed and replaced with a determinate sentence of three years