R v Leroy Jethro Gibbs-Higgins (aka Terry Waymark)
[2024] EWCA Crim 791
R v Hersh Osman
4 July 2024
[2024] EWCA Crim 854
Court of Appeal
A man tried to burn down a shop after a TV dispute. He was given a long sentence (16 years). He appealed, saying the sentence was too harsh and the court was racist. The appeal court disagreed, saying the sentence was fair given the danger he posed.
Key Facts
- •Applicant convicted of attempting to commit arson with intent to endanger life (section 1(1) Criminal Attempts Act 1981).
- •Sentenced to an extended determinate sentence of 16 years (12 years custody, 4 years extended licence).
- •Offending involved an attempt to set fire to a shop after a dispute over a television purchase, using petrol.
- •The shop was located under a factory, endangering both shop staff and factory workers.
- •Applicant's application for an extension of time to appeal sentence and for a representation order was refused by a single judge and renewed in this appeal.
Legal Principles
Sentencing guidelines for arson offences.
Sentencing Guideline (not specified but implied)
Standard of review for sentencing appeals (no arguable error, manifestly excessive).
Implicit in the Court of Appeal's reasoning
Assessment of dangerousness for extended sentences.
Implicit in the Court of Appeal's reasoning
Outcomes
Appeal against sentence dismissed.
The Court of Appeal found no merit in the grounds of appeal, agreeing with the single judge's assessment that the sentence was justified by the facts and sentencing guidelines. The extended sentence, although lengthy, was deemed appropriate to manage the risk posed by the applicant.
Application for an extension of time refused.
The Court of Appeal agreed with the single judge's decision that no grounds existed to warrant an extension of time to appeal.