R v Hersh Osman
[2024] EWCA Crim 854
R v Jamie Wilder
27 October 2023
[2023] EWCA Crim 1295
Court of Appeal
A man was given a life sentence for setting fire to a car and house (he targeted the wrong address). He had a history of violence and drug dealing. The court said he was dangerous and his actions were serious enough to deserve a life sentence, even though he didn't intend to hurt anyone. His appeal was unsuccessful.
Key Facts
- •Jamie Wilder pleaded guilty to conspiracy to commit criminal damage (counts 1-3), conspiracy to commit arson (count 4), and drug supply offences (counts 5-6).
- •The offences involved a series of attacks targeting social workers' homes and vehicles, motivated by Wilder's animosity towards social services.
- •The most serious incident (count 4) involved arson at the wrong address, causing significant damage to an elderly couple's property.
- •Wilder had a history of violence and drug offences.
- •A pre-sentence report assessed Wilder as posing a high risk of reoffending and serious harm to others.
Legal Principles
Criteria for imposing a life sentence under s.225(2)(b) of the Criminal Justice Act 2003 (as amended), now largely codified in the Sentencing Code.
R v Burinskas [2014] EWCA Crim 334
Conditions for a discretionary life sentence: very serious offence and good grounds for believing the offender poses a serious danger to the public for an unpredictable period.
R v Whittaker [1996] 1 Cr App R(S) 261
In considering the seriousness of an offence, the court must consider the offender's culpability and any harm caused, intended, or foreseeably caused.
Section 63 of the Sentencing Code
Mandatory life sentence under s.285 of the Sentencing Code if the court finds a significant risk to the public of serious harm from further specified offences.
Section 285 of the Sentencing Code
Outcomes
Appeal against sentence dismissed.
The court found ample evidence to support the judge's finding that Wilder was dangerous and that the seriousness of the offences, particularly the arson, justified a life sentence under s.285 of the Sentencing Code.