R v Samuel Richfield

A relevant offence-specific sentencing guideline must be followed unless the interests of justice require departure, and the sentencing reasons should identify any such departure. A mental disorder may reduce culpability, but an acute psychosis caused by voluntary misuse of unlawful drugs will ordinarily attract little or no weight and cannot significantly diminish culpability. Rehabilitation remains relevant mitigation but does not displace those principles. The court must assess the offences individually, then impose a proportionate total sentence having regard to totality. Deliberately starting a fire in an occupied hotel may aggravate sentence because it places multiple lives at risk, even without expert fire-safety evidence.

The respondent pleaded guilty to harassment, arson, assaults on emergency workers and possession of cocaine. On 5 July 2023, the sentencing judge imposed a three-year community order with rehabilitation and mental-health requirements. The Solicitor General referred the sentence as unduly lenient under section 36 of the Criminal Justice Act 1988. The reference concerned whether the judge was entitled to depart from the sentencing guidelines in pursuit of rehabilitation and whether excessive mitigation had been allowed for the respondent’s self-induced drug psychosis.

Reference allowed. The community order was unduly lenient and was replaced by a custodial sentence.

1. The relevant offence-specific sentencing guidelines had to be applied. The sentencing judge had not stated that she was departing from them or explained why departure was in the interests of justice. Rehabilitation was an important consideration, but it did not justify disregarding guidelines which reflected the harm caused to others.
2. The arson was correctly placed in category 2B, rather than category 1. The fire caused significant damage and created a significant risk of serious physical or psychological harm. Setting fire to a room in an occupied hotel in the early hours placed multiple lives at risk and was an aggravating feature. That conclusion could be reached as a matter of common sense without a fire-safety report.
3. The mental-disorder guideline stated that culpability may be reduced because of an impairment or disorder. The qualification was important where the condition resulted from voluntary abuse of unlawful drugs. Applying the approach in Attorney General’s Reference (R v Scott) [2018] EWCA Crim 1336; [2018] 2 Cr App R(S) 37, little or no weight should be given to an acute drug-induced psychosis in those circumstances. The judge had therefore made an excessive reduction.
4. Taking arson as the lead offence, the appropriate sentence before plea credit was five years after applying totality. Full one-third credit reduced that sentence to 40 months. The court imposed 3 years 4 months for arson, concurrent sentences of 2 years 6 months for harassment and 6 months for the assaults on emergency workers, and no separate penalty for the drug offences.

• Court of Appeal (Criminal Division), [2024] EWCA Crim 116: leave to refer was granted. The reference was allowed and the sentence was increased to 3 years 4 months.
• Sentencing court: on 5 July 2023, a three-year community order was imposed with rehabilitation and mental-health requirements.