R v Ishmail Zafar
[2023] EWCA Crim 1305
R v Jamie Edwin Barrow
14 May 2024
[2024] EWCA Crim 509
Court of Appeal
A man killed three people by setting fire to their house. He was given a very long prison sentence. The appeal court decided that the sentence was too long and made it shorter, but it's still a very long time in prison. He won't be released until the Parole Board thinks he is safe.
Key Facts
- •Appellant (31) convicted of three counts of murder and one count of arson (reckless as to whether life was endangered).
- •Appellant set fire to victim's flat, resulting in the deaths of three people (mother and two young children).
- •Appellant had a history of mental health issues, including antisocial personality disorder and emotionally unstable personality disorder, and alcohol abuse.
- •Appellant had previously engaged in self-harm, violence, and fire-setting.
- •Judge imposed a life sentence with a 44-year minimum term (less 224 days on remand) for the murders, concurrent with a 10-year sentence for arson.
- •Appellant appealed the sentence on grounds of excessiveness.
Legal Principles
Sentencing for murder is a mandatory life sentence; the court must specify the minimum term, considering the seriousness of the offense and any associated offenses (Sentencing Code, section 322(2)(a)(i) and (ii)).
Sentencing Act 2020
Schedule 21 to the Sentencing Code provides starting points for minimum terms based on the seriousness of the offense (30 years for particularly high seriousness, 15 years for other cases). Aggravating and mitigating factors may result in adjustments to the minimum term.
Schedule 21, Sentencing Code
The starting points in Schedule 21 should not be applied mechanistically; full regard must be had to individual case features to reflect the seriousness of the offense (R v Jones (Neil) and Others).
R v Jones (Neil) and Others [2005] EWCA Crim 3115
Mental disorder may lower the degree of culpability, but there must be a sufficient connection between the disorder and the actions (Sentencing guidelines on offenders with mental disorders).
Sentencing guidelines on offenders with mental disorders
Outcomes
Appeal allowed; minimum term for murder reduced from 44 years to 38 years (less 224 days on remand).
The court found the 44-year minimum term manifestly excessive compared to other comparable cases, despite acknowledging the judge's discretion and the severity of the offense. The court considered other cases where sentences for multiple murders involving arson had been lower. While the planning and the lack of remorse were taken into account, the court felt that the original sentence was disproportionately high.