Herrity & Anor, R. v

Herrity & Anor, R. v

The sentences were not manifestly excessive given the aggravating features, but the appellants were entitled to a full one-third credit for their guilty pleas as the indication was given at the first reasonable opportunity; thus, the sentences were reduced accordingly.

Parties
Prosecution: Regina; Appellant: Daniel Herrity; Appellant: Ross Luscombe
Jurisdiction
England and Wales
Judgment Date
19 February 2014
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Arson, Sentencing, Credit for Guilty Plea, Joint Enterprise, Suspended Sentence Activation
Criminal Law Arson Sentencing Credit for Guilty Plea Joint Enterprise Suspended Sentence Activation

Case Brief

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Parties

Regina

Prosecution

Daniel Herrity

Appellant

Ross Luscombe

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed for arson being reckless as to whether life was endangered was manifestly excessive
  2. 2 Whether the appellants were entitled to a greater reduction in sentence for their guilty pleas
  3. 3 Whether the activation of a suspended sentence was proper

Ratio Decidendi

The sentences were not manifestly excessive given the aggravating features, but the appellants were entitled to a full one-third credit for their guilty pleas as the indication was given at the first reasonable opportunity; thus, the sentences were reduced accordingly.

Court Disposition

appeal allowed in part

Orders

  • Sentence on count 2 reduced from 6 years to 5 years and 4 months for each appellant to reflect full credit for guilty plea
  • All other orders to stand