Arsonist spared prison over mental health concerns

Saturday 18 February 2023

A 26-year-old man who set fire to a shed after being refused service at a pub in St. Martin has been spared prison to allow him to receive mental health treatment at a UK facility.

The Royal Court heard on Friday that the defendant, who Express and the JEP have chosen not to identify due to his conditions, committed the arson, and also damaged a moped on a separate date, in June last year.

Crown Advocate Carla Carvalho, prosecuting, said that she would ordinarily have recommended a two-year jail sentence for the arson and a consecutive two months for the malicious damage.

However, due to the defendant's health problems, she called for a treatment order at a facility in the UK to remain in place.

The defendant has been diagnosed with a schizoaffective disorder, an attention deficit hyperactivity disorder and autism and previously suffered a traumatic brain injury.

The court heard that the malicious damage took place at Les Quennevais Sports Centre on the afternoon of 8 June. The defendant lost his temper after leaving the centre, pushed a black moped to the ground and began kicking and stamping on it. The vehicle had previously been in good condition but was left with damage to the right brake and scratches to the bodywork.

The licence plate had also been snapped off and broken in half. The defendant admitted the offence to the police.

On the afternoon of 30 June, an off-duty police officer noticed a fire from an outbuilding in St. Martin. Advocate Carvalho said the defendant had been refused service at the Royal pub in the village after drinking three pints of cider there, and admitted starting the fire. The shed and equipment inside it were destroyed but the fire did not spread and no one was injured.

The advocate added: "He has no previous convictions. He was diagnosed with mental disorders from a young age and the Crown has taken this into consideration." She recommended he should remain at the UK facility.

Advocate Sarah Dale, defending, accepted the recommendation. She said her client had drunk a number of caffeinated energy drinks when he damaged the moped, and was upset at being unable to see his family when he set fire to the shed, but added that the offences were "unplanned and impulsive."

Of the malicious damage, she said: "[He] regrets the damage and the inconvenience caused to the moped owner.' She added: 'He can see it is in his best interests to remain where he is and start working towards getting back into the community.

"He would very much like to find a girlfriend, settle down and have a normal life. The defendant has spent 229 days on remand – with 101 days at La Moye and 128 days [in the UK]."

Advocate Dale added that "a return to prison would not be in his best interests."

The Bailiff, Sir Timothy Le Cocq, said the Jurats agreed that the treatment order should continue. Jurats Robert Christensen and Alison Opfermann were sitting.