Arson - reckless as to whether life endangered

Date Produced: 1 July 2011
Title: Criminal Damage
Offence: Arson - reckless as to whether life endangered
Legislation: S1(2) Crimainl Damage Act 1971
Mode of Trial: Indictable Only
Statutory Limitations & Maximum Penalty:

Aggravating and Mitigating Factors

• Intentional / reckless.
• Motivation revenge or political
• Pre-planned.
• Use of accelerants / firebombs.
• Injury caused.
• Extent of damage.
• Risk of fire spreading.
• Dwelling attacked.
• Public building / school attacked.

Relevant sentencing Guidelines

None but note

R v Calladine November 25, 1975 Psychiatric reports should be obtained before sentencing.

R v Hoof (1980) 2 Cr.App.R.(S.) 299 there should be separate counts alleging arson with intent to endanger life and arson reckless as to whether life endangered.

A-G'S Reference No. 1 of 1997 (R v Wheeler) [1998] 1 Cr.App.R. (S.) 54 save in exceptional cricumstance or in the case of mental trouble prison, should result.

Relevant Sentencing Case Law

R v Walker [1999] 1 Cr.App.R.(S.) 121 Following a drunkard argument with his wife the defendant dropped a cigarette in the bedroom of his flat and went to sleep. Momentary act of recklessness which had unintended disastrous consequences. Guilty Plea. 2 years.

A-G'S Reference No. 84 of 1999 (R v Hines) [1999] 2 Cr.App.R. (S.) 379 The defendant poured petrol into the kitchen of his former girlfriend who he had been pestering with calls causing £10K damage. Culmination of protracted pressure and harassment. Guilty plea. 3 years lenient but not disturb.

A-G'S Reference No.50 of 2005 (Joe Boniface Andrews) [2006] 1 Cr.App.R.(S.) The defendant poured petrol around the kitchen in a hostel and set fire to the same. When the fire went out he returned and used petrol to set fire to his room. The hostel was destroyed. The defendant hoped that he would be rehoused. Convicted after trial. 3 years increased to 4 and a half years. Tariff on a plea 6 years.

R v Gerrard [2004] 2 Cr.App.R.(S.) 11
The defendant threw a firebomb at the door of a house occupied by a witness who had given evidence against him and three others and sent threatening letters to them. Pre-planned revenge attack causing real risk and fear to the victims. Guilty plea 6 years + 1 year consecutive for revenge.

R v Goodfellow  [2007] EWCA Crim 1733
Arson reckless as to whether life was endangered. Two defendants (17y ADHD, 17y) drinking to celebrate the end of school poured petrol against the wall and door of two terraced houses which they believed were unoccupied and set light to the same. In circumstances which, but for the courage of the neighbour, could have had tragic consequences for the four occupants of those premises.  But in order to reach the figure of five years for these appellants the judge must have had a starting point of around seven years which we consider to be too high on the facts of this case with appellants of this age.  Having considered Attorney General's Reference No 5 of 1993 [1994] 15 Cr. App. R. (S) 201 (2 years for petrol bombing a house after an argument over a taxi and Layla Josephine Parkes 16 Cr. App. R. (S) 74 (3 years for petrol bombing a house of a girl who was spreading rumours) the appropriate sentence for these two appellants is one of three years' detention pursuant to S91 of the PCCS(A) 2000.

A-G's Reference No 68 OF 2008 (MYRIE)
Pleaded guilty to arson reckless as to whether life was endangered. The defendant put petrol through the letterbox of a house in a revenge attack following a road rage incident. Family evacuated and £7K damage. Upper end of arson reckless. 6 years appropriate, 2 and a half years increased to 4 and a half years due to double jeopardy.

R v Bakjinder Singh Bal [2009] 1 CR.APP.R.(S.) 52 The appellant pleaded guilty to arson, being reckless as to whether life was endangered. The appellant following an argument set fire to his wife's clothing and texted her to tell her what he had done. There was no one else in the house, the fire did not spread and it extinguished itself. Held 4 years reduced to three.

R v Jacenciuk [2009] 2 CR.APP.R.(S.) 83  The appellant pleaded guilty to arson, being reckless as to whether life would be endangered. The appellant was living at a hostel for homeless men and set fire to two duvets in his dormitory whilst drunk. The appellant was of previous good character. He did not suffer from any major mental illness but had a history of chronic alcohol abuse. Sentenced to three-and-a-half years' imprisonment

Ancillary Orders 

• Compensation

Consider Also 

• ASBO Restraining Order

Links 

Archibold 23-29, 23-46
Thomas B7-1.3B