Masterson, R v

The sentence of five-and-a-half years was manifestly excessive given the mitigating factors, and should be reduced to four years less time served on remand.

Parties: Prosecution: Regina; Appellant: Gordon Robert Masterson
Jurisdiction: England and Wales
Judgment Date: 12 May 2009
Procedural Posture: Criminal Appeal / Judgment on Sentence Appeal
Outcome: appeal allowed in part
Legal Topics: Arson, Sentencing, Recklessness, Appeal Against Sentence

Criminal Law Arson Sentencing Recklessness Appeal Against Sentence

Case Brief

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Parties

Regina

Prosecution

Gordon Robert Masterson

Appellant

Procedural Posture

Criminal Appeal / Judgment on Sentence Appeal

Legal Issues

1 Whether the sentence imposed for arson being reckless as to whether life was endangered was manifestly excessive

Ratio Decidendi

The sentence of five-and-a-half years was manifestly excessive given the mitigating factors, and should be reduced to four years less time served on remand.

Court Disposition

appeal allowed in part

Orders

Sentence reduced to four years less time served on remand