Salehe Abdallah v. R., Crim. Rev. 4-D-69, 13/6/69, Biron Ag. C. J.

Salehe Abdallah v. R., Crim. Rev. 4-D-69, 13/6/69, Biron Ag. C. J.

Accused was convicted of arson c/s 319(a), Penal Code, and sentenced to fifteen months imprisonment, subject to confirmation. He had set fire at night to a house in which an old woman and some children were sleeping.

Held: “In sentencing the accused, the magistrate stated:-“Arson committed at night has caused many deaths to house occupants, and loss of property. Accused has acted without consideration and can never expect any sympathy from any peace-loving soul. He deserves a sentence to meet the requirements of the justice.” With respect, I fully agree with the magistrate’s direction and with the serious view he, apparently, took of the offence, but, with even greater respect, the sentence by no means reflects such gravity, nor is it really consonant with his own direction. But for the fact that the occupants of the house awoke and by their screems attracted assistance, they could easily have been burned to death. The sentence imposed is thus manifestly inadequate …… in the result, the sentence of imprisonment for fifteen months is set aside and there is substituted therefore, a sentence of imprisonment for three years. I would add that in cases of this nature, that is arson at night, when the lives of people are endangered, courts should commit convicted accused to this Court for sentence.”