Stephen Dale has been jailed for 19 years for killing his girlfriend's ex-boyfriend by setting fire to his flat in Birmingham. Dale, 47, of Cherrywood Road, Bordesley Green, was found guilty of manslaughter and arson being reckless as to endanger life following a trial at Birmingham Crown Court. On Monday, July 6, he was sentenced to 19 years with an extended licence period of five years.
The Attack
In the early hours of September 19 last year, Dale doused the door of Daniel Gardner's flat at Saxons Way, Highters Heath in petrol and ignited it. Gardner, 36, had no escape and tragically died in the blaze. A neighbour had to be evacuated by firefighters. Dale held a grudge against Gardner, who was the ex-partner of Dale's girlfriend and with whom she shared two children.
Accomplice Sentenced
Dale had recruited Tyler Phythian, 19, from the same HMO address to help. Phythian was cleared of any homicide offences but found guilty of arson. He also admitted assault for throwing a can at a woman's face causing a cut in a separate incident in Stratford-upon-Avon in March 2024. Phythian was sentenced to four years detention.
Judge's Remarks
Judge Andrew Smith KC said Dale accepted without questioning his partner's assertions that Gardner had treated at least one of the children badly, but noted there was absolutely no evidence to suggest that was true. The judge stated Dale made plans to set fire to Gardner's home address. He sentenced Dale on the basis that he poured and ignited the petrol, while Phythian provided support and was seen running from the scene holding the petrol can.
Impact on Victim
Judge Smith concluded Dale intended to frighten Gardner and perhaps cause some harm, albeit not serious harm or his death. He said Gardner knew of the fire and did what he could to shelter from smoke and flame without success, describing it as a terrifying experience before his collapse. The judge added there would have been significant mental suffering caused to Gardner.
Sentence Details
Dale will have to serve two thirds of the custodial term – around 12 years and eight months – before he is considered for release. Phythian could be released after serving 40 per cent of his sentence.
