Scottish High Court of Justiciary Decisons

APPEAL COURT, HIGH COURT OF JUSTICIARY

[2016] HCJAC 58

HCA/2016/000157/XC

Lady Paton

Lord Malcolm

 

OPINION OF THE COURT

delivered by LADY PATON

in

APPEAL AGAINST SENTENCE

by

CHRISTOPHER GRAHAM

Appellant;

against

HER MAJESTY’S ADVOCATE

Respondent:

Appellant:  P Nelson;  Paterson Bell, Solicitors, Edinburgh (for Keenans, Greenock)

Respondent:  M Hughes, AD;  Crown Agent

7 June 2016

[1]        This offence involved a tenement block of flats, occupied by residents.   The action of pouring petrol through a letterbox, followed by a firelighter which lit the petrol, was highly dangerous.  The appellant was on bail at the time.  On any view, this was an extremely grave offence, and we can well understand the approach adopted by the sentencing judge. 

[2]        The appellant had a drug problem.  In his interview for the criminal justice social work report, he stated that he could not remember the offence due to his high intoxication level.  Obviously that is not a good excuse, and it is not helpful to him.  Nevertheless he has had fairly limited custodial experience, namely an 8 month sentence in 2012 and a 2 month sentence in 2015.  Moreover he has expressed some degree of insight into the effect which his actions might have on others.  Further, as his counsel pointed out, the danger which actually arose was in a sense potential rather than actual, because the householder was by good fortune watching the liquid coming through the letterbox, and quickly extinguished the fire.

[3]        In all the circumstances, we are persuaded that the sentence imposed was excessive.  We will quash the sentence of 7 years and substitute therefor a sentence of 5 years imprisonment.