Practice and Procedure

R v ALAN LESLIE BIRKETT (2009)

PUBLISHED October 21, 2009
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[2009] EWCA Crim 2302

The appropriate starting point for a one-off offence of arson, being reckless as to whether life was endangered, committed by an alcoholic, which resulted in no injury and only limited damage to property, was four-and-a-half years' imprisonment. Allowing full credit for a guilty plea, the requirements of the Criminal Justice Act 2003 s.225(3B) had not been met and a sentence of imprisonment for public protection or an extended sentence could not therefore be imposed.

CA (Crim Div) (Hooper LJ, Swift J, Judge Morris QC)

21/10/2009

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