R v Hersh Osman
[2024] EWCA Crim 854
R v Ishmail Zafar
31 October 2023
[2023] EWCA Crim 1305
Court of Appeal
A man was sentenced for setting fire to cars and damaging windows. The court reduced a part of his sentence because it was too long, but the rest of his punishment stayed the same.
Key Facts
- •Ishmail Zafar (age 30) pleaded guilty to criminal damage (count 1) and two counts of arson reckless as to whether life was endangered (counts 2 & 3).
- •The arson involved setting fire to two cars parked near a house where occupants were asleep, causing significant damage and psychological harm.
- •Zafar had previous convictions for assault, drug offenses, and being drunk and disorderly.
- •The judge sentenced Zafar to 86 months (7 years, 2 months) imprisonment for the arson charges (concurrent), and 12 months concurrently for the criminal damage.
- •The arson was a revenge attack, although Zafar claimed he was unaware a fire would be started.
Legal Principles
Sentencing guidelines for arson reckless as to whether life was endangered.
Sentencing Guidelines
Aggravating factors in sentencing (use of accelerant, prior convictions, being on bail).
Sentencing Guidelines and Case Law
Mitigating factors in sentencing (lack of premeditation, remorse, good work ethic, first custodial sentence).
Sentencing Guidelines and Case Law
Maximum sentence for criminal damage based on the value of damage.
Statute
Outcomes
Appeal against sentence for counts 2 & 3 (arson) dismissed.
The judge's sentencing was within the bounds of the sentencing guidelines, considering aggravating and mitigating factors.
Appeal against sentence for count 1 (criminal damage) allowed.
The 12-month sentence exceeded the statutory maximum of 3 months. The sentence was reduced to 9 weeks.