Jan, R. v

Jan, R. v

The offences were exceptionally grave, involved a prolonged campaign of harassment and arson, and the appellant posed a continuing danger to the public for an indeterminate period. Life sentences were justified, but a minimum term should have been set under section 82A of the Powers of Criminal Courts (Sentencing) Act 2000.

Parties
Prosecution: Regina; Appellant: Richard Jan
Jurisdiction
England and Wales
Judgment Date
29 November 2007
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal allowed in part
Legal Topics
Sentencing, Public Nuisance, Arson, Mental Health and Criminal Responsibility
Criminal Law Sentencing Public Nuisance Arson Mental Health and Criminal Responsibility

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Richard Jan

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the offences warranted discretionary life sentences
  2. 2 Whether the appellant continued to pose a serious danger to the public
  3. 3 Whether a minimum term should have been set under section 82A of the Powers of Criminal Courts (Sentencing) Act 2000

Ratio Decidendi

The offences were exceptionally grave, involved a prolonged campaign of harassment and arson, and the appellant posed a continuing danger to the public for an indeterminate period. Life sentences were justified, but a minimum term should have been set under section 82A of the Powers of Criminal Courts (Sentencing) Act 2000.

Court Disposition

Appeal allowed in part

Orders

  • Life sentences on each count upheld
  • A minimum term of 7.5 years (less time on remand) set for parole eligibility under section 82A of the Powers of Criminal Courts (Sentencing) Act 2000