
Noting the defendant’s longstanding mental health problems, the judges said Barrow “had difficulty managing his anger”, and “had an interest in and considerable experience of fires”, but found the trial decided his disorders “did not impair his ability to understand the nature and consequences of his actions”.
However, Barrow’s defence said the 44-year minimum sentence was “manifestly excessive” compared to other murder cases involving arson, adding not fully taking into account his mental health as a factor “was unreasonable and at fundamental odds with the evidence”.
While finding the sentencing judge “was entitled to go well above the starting point” for sentencing, the Court of Appeal found there needed to be “consistency as between different cases”, and reduced the minimum term accordingly.
“We stress that the minimum term is not the term that [Barrow] will in fact serve in prison,” the judgement said.
“He will only be released if the Parole Board is satisfied that he is no longer a danger to society and, even if he is released, he will then be on licence for the rest of his life and may be recalled to prison if he breaches the conditions of any such licence.”
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