Zafar, R. v [2023] EWCA Crim 1305 (31 October 2023)

Zafar, R. v [2023] EWCA Crim 1305 (31 October 2023)

The sentence for arson was severe but not manifestly excessive, as the judge properly balanced aggravating and mitigating factors within the sentencing guidelines. However, the sentence for criminal damage exceeded the statutory maximum and must be reduced to nine weeks' imprisonment.

Citation
[2023] EWCA Crim 1305
Parties
Prosecution: Rex; Applicant: Ishmail Zafar
Jurisdiction
England and Wales
Judgment Date
31 October 2023
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence
Outcome
Appeal allowed in part
Legal Topics
Sentencing, Arson, Criminal Damage, Appeal Procedure
Criminal Law Sentencing Arson Criminal Damage Appeal Procedure

Case Brief

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Parties

Rex

Prosecution

Ishmail Zafar

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to 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 sentence for criminal damage exceeded the statutory maximum

Ratio Decidendi

The sentence for arson was severe but not manifestly excessive, as the judge properly balanced aggravating and mitigating factors within the sentencing guidelines. However, the sentence for criminal damage exceeded the statutory maximum and must be reduced to nine weeks' imprisonment.

Court Disposition

Appeal allowed in part

Orders

  • Sentence of 12 months' imprisonment on count 1 quashed and substituted with nine weeks' imprisonment, concurrent with sentences on counts 2 and 3.
  • Leave to appeal granted on count 1 only.