Mapa mental
R v Moyles
Conteúdo do mapa
R v Moyles
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
- 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
- Humpries (attempted arson - mitigating factors
- Case law
- 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
- Aggravated Arson
Background
- Davina Moyles 1.1.74 - Age 40
- Married Philip Moyles Age 60
- nature of relationship
- Dependants?
- 10 Downing Street, Littleton, Cheshire
- health
- Married Philip Moyles Age 60
- Antecedants unknown
- Pilates Teacher
- status
- Anxious - bail
- Davina Moyles 1.1.74 - Age 40
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?
- THREAT
- 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?
- WENT INTO SUITE WITH MATCHES
- 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
- increasingly drunk but did not hear any complaints from her
- 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?
- I'm Davina Moyles, I am getting a packet of cigarettes
- 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
- Thomas Docherty evidence
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
- Fail to surrender?
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
- Due for 1st hearing mags
- Following charge
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
Informações
- Descrição
- Mapa Mental sobre R v Moyles, criado por hargreas em 23-02-2014.
- Criado por
- hargreas
- Visualizações
- 17
- Avaliação