R v Patrick Blenman
[2023] EWCA Crim 851
R v Samuel Richfield
26 January 2024
[2024] EWCA Crim 116
Court of Appeal
A man was given a lenient sentence for serious crimes like setting fire to a hotel and attacking emergency workers. The judge made a mistake when considering his mental health issues that were caused by his own drug use. A higher court reviewed the case and gave him a much longer prison sentence.
Key Facts
- •Samuel Richfield pleaded guilty to harassment (Protection from Harassment Act 1997), arson (Criminal Damage Act 1971), assault on emergency workers (Criminal Justice Act 1988 & Assault on Emergency Workers Offences Act 2018), and possession of a Class A drug (Misuse of Drugs Act 1971).
- •Offences occurred between August-October 2021 and February 2022.
- •Sentenced to a 3-year community order with rehabilitation and mental health treatment requirements (concurrently).
- •Attorney General referred the sentence as unduly lenient.
- •Richfield had a difficult childhood, ADHD diagnosis, and history of drug abuse leading to psychosis.
- •Arson involved setting fire to his hotel room, causing £42,000 damage and evacuating 50 guests.
- •Assaults involved paramedics and police officers.
- •Richfield refused/failed drug tests after sentencing and was arrested for further offences.
Legal Principles
Sentencing Guidelines must be followed unless it is in the interests of justice not to do so.
Sentencing Act
Culpability may be reduced if an offender suffered from an impairment or disorder at the time of the offence; however, little or no weight should be given if the state arises from voluntary drug abuse.
Sentencing Guidelines, Attorney General’s Reference (R v Scott) [2018] EWCA Crim 1336
Outcomes
The Court of Appeal allowed the Attorney General's reference.
The original sentence was unduly lenient; the judge incorrectly applied the sentencing guidelines by giving substantial reduction for self-induced drug psychosis and failing to adequately consider the severity of the offences.
A new sentence of 3 years and 4 months was imposed.
This sentence considers the arson as the lead offence with a starting point of 4 years, balancing aggravating factors (risk to life, multiple victims) with mitigating factors (attempts at drug-free life, compliance with previous supervision).