The Court of Appeal has allowed an appeal against the severity of a four-year prison sentence imposed on James McNamee for arson at Dundalk’s Northlink Retail Park, substituting a four-year term with the final 18 months suspended on conditions.
The judgment, delivered by Mr Justice Mahon on 22 June 2015, said the arson caused €2.2 million in damage, including €745,000 that was uninsured. Several business units and their contents were damaged by fire or smoke. Some businesses closed and workers lost their jobs, with disruption lasting weeks or months. No one was injured or killed.
The court said McNamee was 18 when, with three others, he entered the retail park loading bay on 30 June 2010. After an unsuccessful attempt to set timber alight, a sofa was set on fire with a cigarette lighter. The group left while it was burning, and the fire spread. McNamee was identified from CCTV images. The other three were not prosecuted; one was dealt with through the juvenile liaison scheme.
McNamee pleaded guilty to one count of arson in October 2013. The sentencing judge imposed four years at Dundalk Circuit Criminal Court in January 2014. The appeal challenged the sentence as too harsh, arguing that the offence was impulsive, that the damage had not been anticipated, and that the judge had not given enough weight to McNamee’s age, guilty plea, cooperation and rehabilitation prospects.
The Court of Appeal said the offence was extremely serious and that a custodial sentence was required. It rejected the suggestion that McNamee’s age meant he could not appreciate the risks of setting fire to a sofa near a building. The judgment said he had to take full responsibility for what happened, and noted that he should regard himself as fortunate no one was hurt or killed.
However, the court found an error of principle in imposing four years without any suspended element. It said the sentencing judge appeared to have been unduly swayed by the seriousness of the offence, clouding consideration of rehabilitation. Evidence at sentencing included that McNamee had begun addressing drug addiction and had moved away from associates likely to lead him into trouble, while showing interest in further education.
The appeal court substituted a four-year sentence with the last 18 months suspended, subject to conditions, for the remainder of his time in custody and for four years after release. The judgment described the suspended term as an incentive to avoid further offending over a prolonged period.