ARSON
Volume 2
209.6a Simple arson
Defendant aged 13-15
R v L 2015 EWCA Crim 2214 D, aged 14 at the time of the offence, pleaded (full credit) to arson. D was
caught by a CCTV camera setting fire to the contents of a large rubbish bin that stood against a dry
cleaner’s shop. D had a friend with her but the friend did not take part in starting the fire. They left when
the fire had taken hold. The shop was left in ruins despite all the efforts of the fire service. Two fireman
received injuries. One customer had her wedding dress burnt. The shop owner estimated that even after an
insurance pay-out, she would still be £80,000 to £100,000 in debt. When arrested, D denied her
involvement until shown the CCTV footage. D had three findings of guilt, namely criminal damage, theft
and fare evasion. All were dealt with by Referral Orders. She had a caution for criminal damage. The
psychiatric report said that D was not suffering from any mental disorder and it was a case of simple
arson in the context of reckless behaviour. The Judge accepted D did not intend to burn down the shop.
She decided that had there been no plea, 3 years’ detention would have been appropriate. Held. That
decision could not be faulted. Because the Judge had not been told about 95 or 96 days served under a
qualifying curfew, 18 months DTO not 24.
209.21 Arson with intent
Judicial guidance
Note. This is an old case and clearly the range would not apply where there are serious aggravating
factors. Ed.
209.23 Arson with intent
Petrol/inflammable liquid used
R v Young 2016 EWCA Crim 678 D pleaded to two arsons with intent to endanger life and one affray. D
was staying at a friend’s house and had been taking amphetamines. There were six people in the house. At
8am before the others awoke, D started a fire in a cupboard under some stairs using petrol. The petrol
exploded. D ran out of the house and his friend woke and raised the alarm. The front door had to be
forced as it had been affected by the explosion and warped with the heat. All managed to escape dodging
flames except a pet dog that perished. The house was uninhabitable and personal possessions lost. The
damage caused was estimated to be £20,000. D then went to a former cinema which had been converted
into a children’s play area. He broke into the upper floors where he started a fire with paper and an
aerosol. Over 70 children, their parents, carers and staff were evacuated. D made his way to the roof
where, for over half an hour, he threw roof tiles and rubble at police in the street below. Police eventually
managed to arrest him. The fire was confined to one room. In the pre-sentence report, D admitted to a life
dependent on drugs. He also talked of self-harming and various suicide attempts. D, aged 24, had 69
previous convictions for offences including robbery, criminal damage, harassment and possession of
Class A drugs. The psychiatric report said D had started fires in his childhood and that it was likely D was
on the threshold of a personality disorder but D’s drug taking had made detection more difficult. The
Judge referred to the loss of the victims’ home and the loss of the dog. Held. It was perhaps a miracle that
no one was seriously injured. The second incident had caused panic. Life was appropriate. We start at 15
years, so with 25% plea credit, that is 11 years and 3 months. We therefore make the minimum term 5
years and 7 months not 7 ½.
Copyright July 2016
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