Source: All England Reporter
Publisher Citation: [2001] All ER (D) 371 (Feb)
Court: Court of Appeal, Criminal Division

Kay LJ, Forbes J and Judge Rant QC

Representation Paul Cliff (assigned by the Registrar of Criminal Appeals) for the defendant.
Judgment Dates: 1 February 2001


Sentencing - Arson being reckless as to whether life would be endangered - Custodial sentence - Defendant suffering from chronic mood disorder - Whether sentence appropriate.

The Case

A balance had to be struck between the need to punish and deter on one hand and the possibility of rehabilitating a defendant on the other hand. In the instant case, the defendant's medical condition could have had a bearing on his mental state and the custodial sentence would be quashed and a probation order substituted.

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