What Sort Of A Sentance Could Be Given To Someone Who Has Never Been In

[lilacben]

trouble before? Married with children and in full time work? For burglary and arson ( althought only a small mark on the arm of a sofa). Plus give themselves up by going back to say sorry within an hour.? other person involved not known and never found.?

[bednobs]

sorry lilac i don't know the answer, but was a bit puzzled by your explanation of other person involved not known

[SirOracle]

Bed nobs I think this has been asked in a previous post.

[Buenchico]

For minor damage by fire, the sentencing guideline is from a medium level community order up to 12 weeks custody. (See page 23):
https://www.sentencingcouncil.org.uk/wp-content/uploads/MCSG_web_-_October_2014.pdf
However those sentences are for a first-time offender who has pleaded 'not guilty'. A reduction in the sentence is available for a guilty plea.

If the burglary was in domestic premises and regarded as being at the bottom of the scale (with both 'culpability' and 'harm' being categorised as 'low') the sentencing range runs between a low level community order and 26 weeks custody. (See page 217 in my link).

Given that the 'starting point' sentence for both offences is a non-custodial community order, I'd guess that would be the most likely outcome. (e.g. 150 hours unpaid work, plus costs, compensation and a £25 'victim surcharge').

However my response assumes that the lowest category is used for sentencing the burglary offence. If there's any reason for a higher classification to be used (e.g. high value items stolen and not recovered) a custodial sentence would be far more likely.

[Orderlimit]

Do you know why they have specifically charged burglary. From your brief description it reads as if the acussed has entered a property as a tresspasser and committed criminal damage (arson) therein.

[BlackadderV]

From what I remember of my criminal law that constitutes burglary. For a more exotic definition of what constitutes 'entry', Google R v Collins

[EcclesCake]

What were they charged with?

[Orderlimit]

Indeed Blackadder, I was wondering if there is more to the tresspass side such as entered to steal etc or was it the fire damage.

[BlackadderV]

http://en.wikipedia.org/wiki/Burglary_in_English_law

So definitely burglary

[Orderlimit]

Sorry, what im getting at is why did the accused allegedly enter the property as a tresspasser. Was it to steal - cause damage or seriously assault.

Domestic burglary and arson are at the higher end of core crime but the motive here could be very serious and could significantly change expected sentencing if found or pleads guilty. In other words why did the accused enter the property univited and burn something. (obviously be very careful what you disclose).

[SirOracle]

Apropos my post at 21.13 this evening......The OP posted this question @12.20 on Frid. 12th Sept 2014.

This explains ? the reason that the person entered the house. !!

[SirOracle]

Sorry re above.....OP under the heading " Friends son in law in trouble "

[Buenchico]

To save others from having to hunt for the link:
http://www.theanswerbank.co.uk/Law/Criminal/Question1364779.html

[Orderlimit]

Ah thanks. Blimey, an awkward one then, depending on what are the agreed facts.

[lilacben]

Yes thats right this is a continue of my first posting...was it really sept? didnt realise it has gone on that long...This really is a strange one to me? now this "new" bit about arson is even more strange. Nothing was said at the time but it seems it was reported after a few days.? didnt realsie how long these cases go on for.? My freind is always worried what the effects may be on her daughter and grandchildren.

[Orderlimit]

Being as the accused was caught red-handed has he entered a plea at court ?

[lilacben]

Not sure...but he says he didnt know anythng about this arson at all until he was told.? and doesnt want to plead guilty to it.

[Orderlimit]

Ok Lilac, the only reason I asks is because early guilty pleas can see a reduction in any sentencing.

Awkward case!

[lilacben]

Well from what I have been told...he did say he was guilty for burglary but now this arson has come up he says he didnt do anything and doesnt want to say he did.? There was no mention of it on the night it happened but a few days later. Seems very strange as surely anything caught a light would smell of burning wouldnt it? they would have all noticed it at the time?

[ToraToraTora]

well there are burglars with 100s of offences let off so I'd imagine whoever it is will get a slap on the wrist.

[Peter Pedant]

yeah R v Collins

http://en.wikipedia.org/wiki/R_v_Collins

Man finds a ladder against an open first floor window and mounts the ladder and basically the young lady awaiting her lover on the first floor

who says Law is as dry as dust ?