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My brother extremly drunk and stupid tried to set fire to a garage at the weekend, was caught by the police with turpentine, a rag and matches, it was a garage where they repair cars not sell petrol, I am disgraced by his behavior, he has been relased on bail, the charges are attmpted arson and crimnal damage,
Is he likley to go to prison is my question
I'm NO expert however from a common sense point of view, how old is he and does he have any previous?
In addition, arson is seen as a very serious offence. The 'good' thing is the garage is nowhere near property/dwellings? If its under/next door to I think hes most certainly looking at a stretch.
any mitigating circumstances? why they hell was he doing it?
he was done for harrasment in 2008, he is 28, and has problems with drink and drugs, I asked him why he did it and he says he has no idea, the fella that owens the garage is a top fella, nice as you like so its not like he had issues with my brother
Look at it from another perspective.
What if he gets extremely drunk again?
Feel for you OP though. Awful stuff 🙁
I went to see my brother this morning to find out what he had done and was more concerend about how the police had delt with him, I tried to explain that if the garage had burnt to the ground, people may of been hurt or worse, the garage owner would be out of work, might have a family to support etc, and like i say he was only concerned that the police locked him up for 2 days while the weather was nice, I dispair
hora
I totally agree, and I said that to him,
I said to him if its not this time there will be a next
For your own sanity, he needs to feel tough love. From the limited info - 'sounds' like you've tried/supported him and its not really dented his issues. Possibly step back from him as all its doing is worrying and stressing you? i.e You are now definitely a passenger in his life?
Awful situation but if he can't offer a motive that would worry a member of the public nevermind a Judge hearing the evidence. The correct(?) thinking would be he is a danger to the public and as such should be removed from the public at large?
(Note lots of question marks above).
My big book of law says there are no sentencing guidelines, my little book of law suggests for moderate dammage up to 26 weeks in custody anything else send to crown court where the big book of law applies .
Your brothers case is aggravated by the planning and to a limited extent mitigated by being an attempt with no actual dammage . Any sentence would be reduced by 33% to 25% for an early guilty plea and any custodial sentence is served half in custody half on licence .
The cases suggest that a psyciatric report should be obtained before sentence . Any custodial sentence < 12 months can be suspended. Below are some cut and paste illustrations of sentence. Do not be over alarmed by the length they are all fact and individual specific.
Your brother needs a decent criminal lawyer now, and to now start to demonstrate that he is getting help for and dealing with any problems.
Relevant Sentencing Case Law
R v Brown (1984) 6 Cr.App.R.(S.) 335
The defendant stole piping causing a gas leak and lit a match causing a fire which resulted in £65K damage.
Guilty plea. 2 and a half years' imprisonment.
R v Chamberlain (1987) 9 Cr.App.R.(S.) 337
Pleaded guilty to attempted arson. Late at night the defendant poured petrol over the walls of a pub from
which he had been ejected. Amount of damage and state of mind of the offender. Deliberate revenge attack.
2 and a half years' imprisonment
R v Shah (1985) 7 Cr.App.R.(S.) 456
The defendant started a fire in his chip shop and submitted a false insurance claim for £14K. .
Guilty plea. 4 years' imprisonment + 1 year consecutive for obtaining by deception.
R v Elliott (1989) 11 Cr.App.R.(S.) 67
The defendant was sacked and set fire to a bus depot causing £1.8M damage. Deliberate revenge attack but no danger to the public. Guilty plea 5 years' imprisonment.
R v Smith (1994) 15 Cr. App. R. (S.) 594
The defendant, an animal rights activist, placed incendiary devices under a number of tractors. Previous 4 year sentence for similar. Guilty plea. 6 years' imprisonment.
Arson is given short shrift AFAIK - just anecdotally I've heard of a couple of people who've done similar things when mentally vulnerable and mitigating circumstances have not proven to be all that mitigating in front of the judge.
If the garage was clearly separate from a dwelling then that might alter things a little but I'm no expert. Not sure what the difference between attempted arson and actual arson is in the eyes of the law either. Good representation will likely make all the difference.
He clearly needs help. Seems to be long term issues so it's not as simple as a one off incident. That's not a mitigation for what he had done but you indicate there are other long term behavioural problems. May be talk to him about parents or family? Background, social, financial aspects can affect behaviour. Having brought up three children I know how deep rooted these problems can be. You don't mention your parents, maybe an area to explore. You seem to be taking the lead, older brother, that a father might provide? Nothing personnel but think wider.
R v Smith (1994) 15 Cr. App. R. (S.) 594
The defendant, an animal rights activist, placed incendiary devices under a number of tractors. Previous 4 year sentence for similar. Guilty plea. 6 years' imprisonment.
Does that qualify as arson? 😯
Does that qualify as arson?
I should hope so, incendiary devices usually set stuff alight
2nd offence he should have known better
Perhaps the best thing for you, the puplic and for your brother is a good spell behind bars, away from the drink, where he could get some mental help, think about his life a little, and sort himself out. I know the reform centers arnt flawless, but if his only concern about the whole incident is the fact he missed a couple of days sunshine, then perhps missin a whole summer might get through to him?
[i]where he could get some mental help[/i]
Sadly, I suspect prison is the last place he'll get this 🙁
I should hope so, incendiary devices usually set stuff alight
That's a result of a sentence for what is in other words a carbomb.
I asked my brother. He's not a solicitor. He is a career criminal. He says your brother is doing bird, no question. Depends on the mood of the judge how long he gets. Magistrates will probably pass it on. Sorry.
He's not a solicitor. He is a career criminal.
😆
Did it occur to you that your brother might WANT to go to prison?
Before Thatcher closed them all down, people who weren't coping with life ended up in institutions called asylums where they were treated and given food and shelter.
...which raises the question: is prison the right place for someone with his problems?
Great places to visit though
http://www.environmentalgraffiti.com/featured/most-incredible-abandoned-mental-asylums/19808
Psychoville! http://www.insideravenhill.co.uk/