Small mercy for drunk who set light to student's sheep costume in Leeds pub

Drunken businessman Jason Whatley, 39, flicked his lighter against Stuart Mitchell, 19, for a joke and was jailed for five years on May 18.

But at Leeds Crown Court today, Judge Kerry MacGill agreed to reduce the sentence to four years after receiving more guidance on his sentencing powers from the defence and prosecution barristers.

During the incident on October 17, Whatley and his friends made no effort to help - one even laughed - as they saw the student become engulfed in flames.

Mr Mitchell, who ran out of the pub in agony before rolling on the ground to douse the fire, had to have two skin grafts after suffering 12 per cent burns and will be scarred for life.

Derek Duffy, defending, brought the case for resentencing and said there was no malice intended when Whatley had foolishly lit the sheep costume.

He presented the judge with a case from Sheffield where a man had his drink spiked with anti-freeze during a prank.

Mr Duffy asked for the defendant's sentence to be reduced as he had acted stupidly but had not realised the victim, dressed in cotton wool and lycra, would be so seriously hurt.

He said: "In so far as over all culpability is concerned it was intended as a prank, it did go horrendously wrong."

Judge Kerry Macgill blasted: "The simple fact is and I can't get away from it - you apply fire to another person's clothes, that's what he did."

He told Whatley, who was dressed in a grey suit and black tie: "From an early age children are told not to play with fire, not to play with lighters, not to play with matches.

"What you did was apply fire to a costume worn by the complainant in this case. Here I disagree, you could've done something.

"You admitted in the pre-sentence report you were drunk but not massively so."

The judge once again lambasted Whatley's actions.

He said: "He saw men dressed as a sheep and for a laugh set light to them. When he saw the man running outside in flames he realised he was the man responsible."

CCTV played to the court showed Mr Mitchell fleeing the pub on fire in Leeds last October. Flames also leapt on to his two friends who were dressed as sheep, too. The footage shows Whatley and his friends calmly walking out after the incident.

During three weeks in hospital, he had surgery on his ankles, where the tights burned, as well as his arms. He has lost some feeling in these areas. As a result, the second year Leeds University student had to quit his course for a year.

Whatley, of Portsmouth, admitted arson being reckless as to whether life was endangered. The court heard he was full of remorse for the prank.