Arsonist (21) who caused blaze at father's home leaving residents 'with nothing' appeals sentence

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5 hours ago

An arsonist who set a fire at an apartment, leaving its residents, including his estranged father, 'with nothing,' has launched an appeal against his eight-and-a-half-year sentence, arguing part of it should have been suspended to facilitate his rehabilitation.
Jason Hughes (21) of Bawnlea Green, Tallaght, Dublin 24, pleaded guilty to one count of arson at Pairc Na Greine, Tallaght, on December 9th, 2022. The offence carries a sentence of up to life in prison.
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Jailing Hughes for eight and a half years at Dublin Circuit Criminal Court on October 27th, 2023, Judge Martin Nolan said there could have been a 'significant chance of fatalities' if one of the occupants of the apartment he attacked hadn't been awake to raise the alarm.
He said Hughes's 'reckless act' had endangered the apartment, the lives of its occupants and the health of other residents of the complex.
The court heard that €80-90,000 in damage was caused during the attack and the victims, which included the defendant's father, were 'left with nothing'.
A female occupant of the apartment told gardaí that she was in the sitting room of her home at the Pairc Na Greine complex in the early hours of the morning when she heard a loud bang. She looked outside and saw a fire in a corner of the balcony near to the apartment complex's main door.
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The court heard the woman saw the glass smash inwards, and she got pushed against a wall. Scared by the speed of the fire, the woman took a young child who was sleeping in the apartment outside. She then went back inside to ensure that her partner had also left and shouted and made noise to alert her neighbours.
Both the apartment and its contents were severely damaged.
CCTV footage from the area showed Hughes walking towards the complex before climbing over the balcony's railings. He left shortly afterwards, and two minutes later, flames became visible.
Launching an appeal against his conviction at the Court of Appeal today, defence counsel Giollaíosa Ó Lideadha SC argued that the 12-year headline sentence was too high, that the sentencing judge failed to properly consider Hughes' personal circumstances, and that a portion of the sentence should have been suspended to incentivise rehabilitation.
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He said the offence should have been placed in the middle of the mid-range, attracting a headline sentence of between five and ten years.
A discount should have been applied thereafter, counsel said, and a further portion of the sentence should have been suspended to incentivise rehabilitation.
Counsel said that whilst there was no doubt this was "a very serious case" where a custodial sentence was required, the court was bound to take into account the fact that Hughes was a very young man, aged just 19 at the time, who had lived a 'chaotic life' and who had made a serious suicide attempt on the same day as this incident occurred.
He noted Hughes has ADHD and other cognitive difficulties and had witnessed domestic violence.
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Mr Ó Lideadha said Hughes's parents had separated when he was eight, and the death of another 'father figure' in his life had a 'devastating effect' on Hughes, leading to him going 'totally off the rails'.
'His offending and his drug activity and suicide attempts occurred in those circumstances of extreme adversity,' he said.
The barrister said one of the victims in the case was Hughes's estranged father and noted the appellant's brother had died in a fire before he was born. Counsel said there was evidence in the psychological report that Hughes felt 'aggrieved' by his estrangement from his father and had stated he would never have committed the offence if he had been sober.
Mr Ó Lideadha said the trial judge had made a specific error in stating that an accelerant was used. He said the evidence indicated that Hughes set something on the balcony on fire.
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He said Hughes is clearly someone who 'needs residential treatment' and who has 'work to do' in terms of his own life and taking responsibility for his actions. He said it was 'in the public interest' that a portion of the sentence ought to have been suspended to incentivise rehabilitation.
Aoife McNickle BL, for the Director of Public Prosecutions, noted the injured parties in this case were present in court for the appeal hearing.
Ms McNickle contended that the circumstances of this case brought the offence into the upper band. She noted the fire was set at a residential property in the early hours of the morning, and Hughes was aware the property was occupied by his father and others at the time.
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She said, but for the fact that one of the residents happened to be up at the time and noticed the blaze, the alarm would not have been raised as quickly as it was. The barrister said the fire could be seen on CCTV within two minutes of Hughes leaving the scene and burned 'ferociously enough' to blow in the windows of the sitting room.
She said it could be inferred from the psychological report that Hughes's motivation was due to 'some animosity or anger' towards his father.
In relation to the argument put forward that part of the sentence should have been suspended, Ms McNickle said there was nothing put before the court that would have obliged the sentencing judge to suspend any portion of the jail term. She said the judge had taken the relevant mitigating factors into account in discounting three and a half years from the headline sentence.
Mr Justice Patrick McCarthy said the three-judge court would reserve judgment and deliver its decision at a later date.