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.