Appellant: F Mackintosh; John Pryde & Co, Edinburgh

Respondent: Hughes, AD; Crown Agent

2 May 2013

[1] This offence involved the intentional setting alight of the appellant's own flat, having first tampered with a gas pipe so that an explosion was possible. The appellant was seen leaving the building and shouting "I'll fuckin' burn yous all out".

[2] Even taking into account the appellant's good conduct since the offence, his stable personal relationship and his relatively short record, standing the nature and gravity of the offence and the potential for explosion and injury, we are unable to accept that the sheriff erred in imposing a custodial sentence. Indeed in our view a custodial sentence was the only appropriate disposal.

[3] The period selected by the sheriff fell well within the range of reasonable sentences open to him for such an offence. In the result, the appeal is refused.

jaw