A judge has told a man who started a fire on a balcony that there could have been a “significant chance of fatalities” if an occupant of the apartment hadn't been awake to raise the alarm.
Jason Hughes (20) of Bawnlea Green, Tallaght Dublin, 24, pleaded guilty to one count of arson at Pairc Na Greine, Tallaght, on December 9th, 2022. It is an offence which carries a sentence of up to life in prison.
Imposing sentence on Friday, Judge Martin Nolan said Hughes “for reasons only known to himself” went to the apartment with “some sort of petrol bomb or flammable substance” that caused the fire.
Judge Nolan said it was “lucky for everybody” that the woman was awake and the other occupants were able to evacuate. He said if she had been asleep, there could have been a “significant chance of fatalities”.
He noted severe damage was caused to the property, and while it appears that there were no physical injuries, it would have been “traumatic” for the victims.
Judge Nolan said arson is a “very serious crime” because “the problem with fire is that once it starts, no one knows where it's going to stop”.
He said Hughes's “reckless act” had endangered the apartment, the lives of its occupants and the health of other occupants of the apartment complex.
He said he took into consideration the mitigating features, including the guilty plea, expressions of remorse and Hughes's mental health difficulties.
He imposed a sentence of eight and a half years on Hughes, backdated to when he entered custody.
Garda Aaron Mullen told Aoife McNickle BL, prosecuting, that gardaí were called to the Pairc Na Greine complex after receiving calls about a fire.
When they arrived at 7.20am, the fire brigade had put out the fire in a ground-floor apartment. Fire officers told gardaí that the fire appeared to have travelled inwards and burnt from the front to the back.
A female occupant of the apartment told gardaí that she was in the sitting room in the early hours when she heard a long bang. She looked outside and saw a fire in a corner of the balcony near to the apartment complex's main door.
The court heard the woman saw the glass smash inwards, and then she got pushed against a wall. She was scared by the speed of the fire. The woman took a young child who was sleeping in the apartment at the time outside, then went back inside to ensure that her partner had also left.
'Fire, fire, get out'
The woman told gardaí she was shouting and making noise to alert her neighbours. Her partner said he heard her shouting “fire, fire, get out”. He told gardaí that he felt a breeze and knew the fire would spread quickly, so he ran outside.
Gda Mullen said the apartment's occupants were not aware of who could have done this when they gave statements to gardaí.
The apartment and its contents were severely damaged. Gda Mullen said the occupants were “left with nothing”, and items, including Christmas presents, were damaged. Photos of the apartment were handed to the court.
Gardaí have been unable to establish a motive for the incident. The court heard that the male occupant of the property is Hughes' father.
CCTV footage from the area showed Hughes walking towards the complex, then climbing over the balcony's railings. He left shortly afterwards. Two minutes later, flames became visible.
Hughes was arrested later that same day. He was interviewed, but nothing of evidential value was obtained. He has a number of previous convictions, including one for arson.
Damage
A representative of the housing body which manages the complex told gardaí that damage was caused to the apartment, other premises above it and the main door's keypad. He estimated the cost of repairs at between €80,000 and €90,000.
A victim impact statement was handed in, but not read aloud.
Gda Mullen agreed with Giollaíosa Ó Lideadha SC, defending that many of his client's convictions are from the Children's Court. It was further agreed that Hughes has addiction issues and was “extremely intoxicated” on the day in question.
The garda also accepted that Hughes has serious mental health issues and has had a number of traumatic experiences in his life.
Mr Ó Lideadha told the court that his client has a diagnosis of ADHD and compromised cognitive functioning. A psychological report, a letter of apology from Hughes and references were handed to the court.
Defence counsel said Hughes was experiencing a mental health crisis at the time of this incident. Hughes has the support of his family, many of whom were present in court.
Mr Ó Lideadha said his client has no recollection of the incident and can't explain his actions, but is very remorseful. His client has “extreme addiction difficulties”, and his “life was out of control” at the time.
He noted Hughes is assessed to be at low risk of reoffending if he maintains abstinence. His client wants to deal with his addiction issues and to attend residential treatment in future.
He said Hughes has some work history and is doing well in custody. He asked the court to take into account the “many extreme circumstances” in his client's background and that Hughes has an awareness that he needs to change his life.
