AG -v- Faulkner [2011] JRC 046C (28 February 2011)

JUDGMENT THE DEPUTY BAILIFF: 1. Mr Faulkner, you are here to be sentenced for one Count of arson and as the Court said in the case of AG-v-Dewhurst [2007] JRC 098 :- "Arson is always a serious offence because of the risk of the fire getting out of control" The court went on to say:- "There are so often unexpected and uncertain consequences because fires can so easily get out of control." Here there was a situation where you set fire to a flat where there were innocent occupiers of flats nearby and of the commercial premises below.

2. The Court treats the turning on of the gas as an aggravating factor and I add that we do not consider the emotional problems which you were suffering at the time to be sufficient or indeed any substantial mitigation.

3. The end point or tariff for offences of this kind is set between 3 and 5 years' imprisonment and having regard to all the circumstances of this case, but in particular we have regard to the many things that were said on your behalf by your counsel and your guilty plea, your good character, we treat you as being of good character, and the references which show that this was indeed out of character as far as you are concerned. We take into account the low risk of re-offending and the remorse which you have expressed. We also take into account the fact that you were expecting to be sentenced on the 28 th January and had an adjournment forced upon you as a result of a listing problem. Taking all these matters of mitigation into account, we sentence you to 4 years' imprisonment. Authorities AG-v-Dewhurst [2007] JRC 098 . AG-v-Coutanche [1989] JLR N 11b. AG-v-Corbel [2010] JRC 151B . Page Last Updated: 18 Aug 2016 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII