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[lizzy22]

hi, i know someone that is in court soon for arson with intent to endanger life. they r going to drop with intent so they been told he is tagged until court case ,what could be the sentance ? he is on camera with a lighter but not sure if fire was accident like he saying it is , thanks

[FredPuli43]

What kind of arson is it? A house, flats, factory, what? And what, if any, was the apparent motive?

[DJHawkes]

whoever it is drop them from your life as they are seriously in trouble and you cannot trust them, move on

[lizzy22]

he was out late at night drunk and went by a load of boxes outside shop to light a fag so he said and all the cardboard caught fire , burning shop doorways 2 of them,to flats that were empty

[lcg]

Arson with intent can carry a very serious sentence.....as the damage was severe and the exits to flats were involved, I would expect a prison sentence. What does his brief say?

[lizzy22]

they going to try and get the with intent dropped as nobody was living in flats. he keeps saying it was accident but there was a big crate of cardboard boxed burnt that couldnt have been done by just sheltering to light a fag surely

[Orderlimit]

Hi Lizzy

Both Arson- with intent to endanger life (Serious specified offence), and Arson- reckless as to whether life endangered both carry a max sentence of life imprisonment.

Here are some case examples:-

http://www.cps.gov.uk/legal/s_to_u/sentencing_manual/arson_-_with_intent/

http://www.cps.gov.uk/legal/s_to_u/sentencing_manual/arson_-_reckless/

Or you can search cases for similar M.O here:

http://www.thelawpages.com/criminal-offence/Arson---reckless-as-to-whether-life-was-endangered-164-4.law

[Orderlimit]

http://www.thelawpages.com/criminal-offence/Arson-with-intent-to-endanger-life-165-4.law

[FredPuli43]

Not clear. By 'they are going to drop the intent' do you mean that they are proceeding only on a a charge of simple criminal damage by fire; intending or being reckless as to whether anything was damaged by fire; which is called, in law, 'arson' ? Recklessly damaging a pile of boxes by fire would be arson.

[lizzy22]

he burnt boxes that were outside shop doors and they all went up in flmes burning down 2 doors and a lot of smoke damage

[lizzy22]

i think he being charged with arson with recklessness

[FredPuli43]

Simple arson is a version of criminal damage and, in a case like this where little damage, in value of property, is done, is highly unlikely to result in any custodial . sentence. Destroying a few boxes recklessly does not amount to much. The aggravating factor is just that they were destroyed by fire, which might have endangered more valuable property by the fire spreading.

[FredPuli43]

Do you have any idea of the value of the claimed damage ; I mean to the doors and smoke damage? It's obvious why intent/ reckless endangering life was considered, but, unless the damage was very high cost, I think immediate custody is unlikely

[Answerprancer]

Dot, bear in mind that this may be a close friend or relative.

[FredPuli43]

That is what is puzzling,methyl. They are going to drop 'with intent' . That could mean proceeding on simple arson, as in my post above. Or it could just be that there were two charges: 1) intent to endanger life and 2) being reckless whether life would be endangered. If the prosecution dropped (1) but are proceeding on (2), and it is that what lizzy means. In that case, obviously, the matter is serious.

[Orderlimit]

Here you go Fred

Where the aggravated form of damaging property/arson is charged, specific counts should be preferred, as follows:

intending to destroy/damage property or being reckless as to whether property would be destroyed/damaged and INTENDING to endanger the life of another; or

intending to destroy/damage property or being reckless as to whether property would be destroyed/damaged and BEING RECKLESS as to whether life would be endangered.

[lizzy22]

yes he is being charged with arson and reckless as to whether life was endangered

[Orderlimit]

Basically Lizzy, if convicted of this serious offence then a custodial sentences is highly probable (however, a Psychiatric report will likely have to be done before sentencing for these offences).