Jared Mustoe [2019] EWCA Crim 1182

The appellant went back to a neighbour’s house to continue a night of drinking and left after a disagreement.

Around 10 minutes later the neighbours heard a bang and saw a “gulf of flames” at the front of their house. The appellant admitted that he wanted to frighten the family but not to cause any harm. He was sentenced to 4 years and 8 months’ imprisonment.

Held: this case has to be approached on its facts, although there was the use of accelerant it was of limited quantity, it was not long-planned, not carefully conceived and there was limited damage when the fire was easily put out. The starting point was too high, the appropriate starting point would be 5 and a half years, reduced to 5 by the personal mitigation and thereafter full credit for the early plea and admission means the appropriate sentence was 40 months’ imprisonment.