A man who set a fire outside the home of an acquaintance who had previously assaulted him has been jailed for 12 months.
Dublin Circuit Criminal Court heard that Gerard Jordan (54) set a fire outside the front door of the injured party's third-floor apartment at Rosemount Court, Dundrum, Dublin 14 on July 2nd, 2022.
The fire caused €14,000 worth of damage to the common area.
The court heard Jordan, who also has an address at Rosemount Court, Dundrum, Dublin 14, was a resident of a second apartment block in the property.
He pleaded guilty to arson.
Imposing the sentence on Thursday, Judge Elma Sheahan said that arson is a “serious crime”, which can have “truly appalling” consequences and cause “enormous risk” to public safety.
She noted the apartment's location on the third floor, and that Jordan knocked to check the injured party was home, adding “that no physical harm was caused is a lucky outcome for the accused”.
The judge noted the background to the offence, but said this did not excuse the offending.
Judge Sheahan said the mitigation included Jordan’s guilty plea, co-operation with gardaí, his personal circumstances and mental health difficulties.
The judge said the court was conscious of the impact of going into custody for the first time and the additional difficulties custody can bring for a person with mental health vulnerabilities.
However, Judge Sheahan said the custodial threshold had been crossed and imposed a three-year sentence, with the final two years suspended on strict conditions.
Detective Garda James Codd told Caroline Latham BL, prosecuting, that Jordan and the injured party knew each other before this incident.
An eyewitness described seeing Jordan getting into the lift and carrying shopping bags, which she assumed were for the injured party.
The court heard the injured party was in his third-floor apartment when he heard a bang on his front door. He looked out of the peephole and saw Jordan, then called gardaí.
Around 10 minutes later, he smelt smoke. When he opened his front door, he saw flames, which he tried unsuccessfully to put out using a small fire extinguisher.
The injured party shouted for help and returned to his apartment. The man was trapped inside his home until the fire was put out by Dublin Fire Brigade.
Another resident, who lived on the second floor, heard a bang and went to investigate. He saw Jordan, and told gardaí there was a smell of petrol.
He confronted Jordan, who replied “There's a fire, go away.” He also noticed Jordan was carrying an empty bottle, which also had a strong smell of petrol. This witness went up to the third floor, where he saw the flames and felt the heat of the fire.
The alarm was raised and all the residents left this apartment block. No one was injured, but damage was caused to the common area outside the man's apartment and his front door.
The court heard that all the apartments are owned by Dun Laoghaire-Rathdown County Council, which confirmed the cost of repairs to be €14,318 excluding VAT.
Photos of the apartment complex and the aftermath of the fire were handed to the court.
Jordan was arrested shortly after the fire was extinguished. He was taken to Dundrum Garda Station, but gardaí became concerned that he had taken medication and was brought to hospital by ambulance.
When interviewed, Jordan made full admissions and told gardaí that the injured party had previously assaulted him.
He said the shopping bags had been filled with rubbish, which he set on fire outside the apartment door.
Jordan told gardaí he didn't want to kill the injured party, but wanted him gone from the apartment block. He also said he banged on the door to confirm the man was inside.
Jordan has 12 previous convictions, primarily from the District Court, including for public order, criminal damage and theft.
The injured party declined to make a victim impact statement, telling gardaí he wished to get on with his life.
The investigating garda agreed with Blaise O'Carroll SC, defending, that gardaí investigated the allegation of assault made by Jordan against the injured party. He confirmed that the injured party in this case was later charged with assault and received a 12-month suspended sentence.
It was further accepted that Jordan was co-operative and open when interviewed. The garda said he was aware that Jordan had mental health difficulties and additional precautions were taken during interview due to his vulnerabilities.
A number of references and a psychological report were handed into the court.
Mr O'Carroll told the court his client has mental health difficulties including anxiety and is engaging with relevant services.
His client also has issues with alcohol, but said he is not drinking.
Mr O'Carroll asked the court to take into account all the circumstances surrounding the incident and the mitigating factors.
