Suspended portion of arson sentence increased on appeal due to strong rehabilitation prospects

The Court of Appeal considered an appeal against sentence following a conviction for arson after the defendant set fire to a premises intended to house international protection applicants. The original court, the Circuit Court, had imposed a sentence of six years' imprisonment with one year suspended, after a guilty plea. The Court of Appeal found that while the sentencing judge had properly identified the seriousness of the offence and the aggravating factor of racial and political motivation, insufficient consideration was given to the strong prospects for rehabilitation shown by the young first-time offender. The court held that the 10-year headline sentence was within the trial judge's margin of appreciation, but increased the suspended portion from one to two years, leading to a revised sentence of six years with the final two years suspended, in order to better recognise rehabilitation prospects. Thus, the original sentence was quashed and replaced.