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Junkyard we sentence on the basis of a number of factors including :-risk , harm , intent and outcome and wider impact . This may well be why people reading media reports which are often inaccurate or incompleate perceive that sentencing can be inconsistent . There are a multitude of variables in life which can be reflected in sentences for apparently similar matters.
For your illustration? is it more serious to punch some one in the pub in retaliation for some perceived insult or to hunt them down two days later then hit them in the head with an axe .
Does your view change if your victim falls back and bangs his head on a table in scenario one and the victim survives in scenario two.
I suspect if in the Arson case some one had died the defendant would have faced at least a manslaughter count and probbably a murder count. From the way the trial panned out i guess he would have been convicted on the manslaughter.
interesting example using the axe one v one punch as we cannot ignore either intent or consequences*. These factors clearly interact hence we may appear to sentence without rhyme or reason.
Suppose it all depends which is why we see the disparity in sentences we often bemoan
* i think we would all agree the axe one is worse even though they are not dead and the other person is. that is an excellent example you have used to illuminate the point
we may appear to sentence without rhyme or reason...Suppose it all depends which is why we see the disparity in sentences we often bemoan
1) when one (anyone) actually makes the effort to look at the sentences which can be given for a specific offence, then the list of mitigating and aggravating factors, and then the facts around the offence, I don't think there are many sentences which are without rhyme or reason. In other words, if that appearance exists, it exists because the beholder hasn't bothered to behold it in the full light of the facts, and the sentencer hasn't done a good job of casting the light.
One can still of course disagree with the possible penalties and the guidelines themselves at that point.
[Abysmal metaphor mangling there]
2) I think it's time for the bemoaners to bemoan in a bit more detail what they're bemoaning.