R v Moyles

R v Moyles

1. Charges - 9 am 28.2.2014

   • Aggravated Arson
     • MR
     • AR
     • Defence
       • intoxication is not a defence if she woudl have appreciated her actions when sober
     • Max Sentence
       • Life
       • Dangerousness
     • Range
       • Case law
         • Humpries (attempted arson - mitigating factors
           • 1 year - crude attempt - alcohol and mental health
           • family responsibilities and remorse
           • initial sentence2 years following guilty plea
         • Black - mariage deteriation - home fire -D present - 5 years
           • remorse, early guilty plea, relatively low level of damage
         • AG Ref No67 or 2002 - 5 and a half years - ng plea
           • settle a score - fires at night, not deliberate intent but reckless - did nothing to alert anyone to the fire. serious damage and injury to a child - 2 attackes
             • mitigation - personal and family issues, anti-depressant meds/ lack of previous convictions. effect on children
     • Mitigation
   • Possession of Class B
     • AR
     • MR
     • Strength of case
       • in purse in house with credit cards belonging to D
       • 2gs
       • No comment interview given
       • Duty solicitor present
     • Sentence
   • arrest procedure appears ok - not interviewed untill 9.00 following day

2. Background

   • Davina Moyles 1.1.74 - Age 40
     • Married Philip Moyles Age 60
       • nature of relationship
     • Dependants?
     • 10 Downing Street, Littleton, Cheshire
     • health
   • Antecedants unknown
   • Pilates Teacher
     • status
   • Anxious - bail

3. Strength of case - Arson

   • Thomas Docherty evidence
     • (before 10) Speech- D intoxicated 'not drunk' comments re-corkage charges
     • (10 onwards) - Docherty keeps an eye- D at bar appeared not to move - large number of shots
       • DRINKING
     • (about 11) D approaches Docherty - slurring words. accused of opening additional bottles. heated exchange. D 'Burn this fucking place down - back to bar drink D sees as drunken rambling'
       • THREAT
         • DID THIS HAPPEN? WHERE? WHO WAS ABOUT?
   • Ron Atkinson - barman
     • increasingly drunk but did not hear any complaints from her
       • COMPLAINTS AND THREATS NOT CORROBORRATED BY BARMAN
     • 23.20 saw d go into Peckforton Castle suite
       • WENT INTO SUITE WITH MATCHES
         • WHY DID SHE GO INTO HERE?
         • WHO WAS IN THERE?
         • WHAT HAPPENED IN THERE?
           • DID SHE SMOKE?
           • DID SHE SET FIRE TO ANYTHING?
     • Bought matches to enable her to smoke outside
       • WERE THESE THE MATCHES SHE WAS FOUND WITH?
     • approx 10 mins D emerges from same door (23.30) went to main exit
     • 23.35 alarms and sprinklers - Peckforton C S two large curtains and some chairs ablaze
       • ALARMS SOUND LESS THAN 5 MINS AFTER SHE LEAVES
     • informed Docherty and helped evacuate
   • PC Kempster & Down
     • Kempster arrives 23.55 liaiased with fire crews and Docherty- people wet and distressed
     • 00.05 Conduct search D trying to get into Audi A8 - CH63 ECK
       • I'm Davina Moyles, I am getting a packet of cigarettes
         • WHAT WAS SHE DOING BETWEEN LEAVING AND BEING FOUND AT THE CAR? - NOW 35 MINS SINCE SHE EXITTED THE BUILDING FOR A CIG?
       • Answer to arrest on suspicion of arson with intent - What the fuck are you talking about?
       • nothing in vehicle - box of England's glory matches 2/3s full
         • WHAT HAPPENED TO THE MATCHES
         • NO CIGARETTES IN CAR?
       • HER CAR? WHAT DID SHE WANT TO DO- RUN?
   • James Moir - Fire Officer
     • curtain set alight to start fire
     • no evidence of accelerants
     • Curtain appears to be of safety standards - would need lengthy contact with naked flame
       • LENGTHY CONTACT NEEDED - INTENT
   • No comment interview

4. Bail

   • Refused police bail on charge
   • Bail opposed
     • Fail to surrender?
       • surety or security
     • Intimidate witnesses
       • how far is her house from the hotel?
     • Carry out further offences
       • curfew

5. Stage of process

   • Following charge
     • Due for 1st hearing mags
       • Going to be sent to Crown Court - indictable only
       • Charge will be explained to you
       • asked to indictate a plea
       • Bail

6. Incident

   • Thursday 27.2.2014
   • Frog Hall Hotel
   • Arson
   • 60th B'day of Philip
   • Thomas Docherty - proprietor
   • 23.36 call from Docherty 999
   • 23.52 fire engines arrived and extinquished fire