Frankham, R. v [2007] EWCA Crim 1320 (11 May 2007)

Frankham, R. v [2007] EWCA Crim 1320 (11 May 2007)

A sentence of 12 years' imprisonment was significantly higher than the normal range for arson with intent to endanger life, especially given the limited damage, absence of injury, appellant's vulnerability, and exceptional mitigating circumstances. The appropriate sentence was seven years' imprisonment.

Citation
[2007] EWCA Crim 1320
Parties
Prosecution: Regina; Appellant: George Frankham
Jurisdiction
England and Wales
Judgment Date
11 May 2007
Procedural Posture
Criminal Appeal / Sentence Appeal
Outcome
appeal allowed
Legal Topics
Arson, Sentencing, Intent to Endanger Life, Appeal Against Sentence
Criminal Law Arson Sentencing Intent to Endanger Life Appeal Against Sentence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Regina

Prosecution

George Frankham

Appellant

Procedural Posture

Criminal Appeal / Sentence Appeal

Legal Issues

  1. 1 Whether the sentence of 12 years' imprisonment for arson with intent to endanger life was manifestly excessive

Ratio Decidendi

A sentence of 12 years' imprisonment was significantly higher than the normal range for arson with intent to endanger life, especially given the limited damage, absence of injury, appellant's vulnerability, and exceptional mitigating circumstances. The appropriate sentence was seven years' imprisonment.

Court Disposition

appeal allowed

Orders

  • Sentence of 12 years' imprisonment set aside
  • Substitute sentence of seven years' imprisonment