The case of R v O’Rourke (2011) involved an appeal against an 8 month prison sentence for failing to make a suitable and sufficient Fire Risk Assessment where Mr O’Rourke, who had no fire safety qualifications had carried out a Fire Risk Assessment which was totally unsuitable and deficient. Mr O’Rourke had charged a fee of £75 for each assessment. The Court of Appeal stated that it was in no doubt that the custody threshold had been passed, as the Defendant had held himself out as someone who could carry out risk assessments and had no right to do so, when he had taken no courses, had not read the legislation and had not even been into the buildings concerned. The Court indicated that there was a degree of dishonesty within the offences and that the base point of 12 months imprisonment with a credit of one third reduction for the guilty plea that had been entered, was not wrong in principle and not manifestly excessive.