Thread by @BarristerSecret

For those asking why the man who used a digger to damage a Travelodge was sentenced to 5 years’ imprisonment, this is a detailed live blog covering the sentence hearing. [THREAD] liverpoolecho.co.uk/news/liverpool…

Without opining on whether the sentence was right or wrong, it is clear that much of the commentary has missed important facts.

This was an offence of criminal damage being reckless as to whether life was endangered. This is far more serious than simple damage to property.

The court heard how innocent lives were endangered by the defendant’s revenge attack. There were people inside and outside the hotel at the time he drove the digger into the building. Colleagues risked their lives to stop him.

This wasn’t a case in which the sole victim was a corporate juggernaut that could easily absorb a financial hit of £443k. The prosecution detailed the impact upon other people.

As with most criminal sentencing hearings, the court applied the Sentencing Guidelines.

The link is here. sentencingcouncil.org.uk/offences/crown…

This was a Category 2A offence. Starting point 6 years, a range of 4 years to 10 years.

The news report sets out relevant matters in mitigation (such as the Defendant’s mental health) and aggravation (such as previous convictions). In the end, the judge stayed at the starting point of 6 years.

He was entitled to a reduction (credit) for his guilty plea, although this credit was minimal as the guilty plea was entered on the day of his trial.

6 years reduced by 10% (standard for late guilty pleas) = 5 years 4 months.

Based on the reported facts, the sentence looks legally sound and in accordance with guidelines.

Whether you agree that it is proportionate compared to how other offences are sentenced is a matter for you.

But there’s a lot of detail ignored by some of the noisier commenters.

Correction: Have just spotted that I typed “2A” re the sentencing guideline category. It’s “1B”. The figures cited are right.