Courts / Dublin / Report

Arsonist who caused over €1m in damage to gym loses appeal

Date
2020-11-17
Stage
Appeal
Primary locality
Dublin
County
Dublin

Summary

In November 2020 the Court of Appeal upheld a six‑and‑a‑half‑year sentence for Mark Harte, 26, who set fire to a Flyefit gym in Coolock in July 2016. Harte admitted the arson was committed for a criminal gang after a drug debt from cocaine use. He appealed the severity of the sentence, arguing he had pleaded guilty, was at low risk of re‑offending and had shown positive rehabilitation progress. The appeal judge, citing the planned nature of the offence and the estimated damage of well over €1 million, found no error in the trial judge's discretion. The original headline sentence of 11 years was reduced to nine years, with the final two and a half years suspended on the condition of addiction counselling. The appeal court did not alter the sentence, confirming the six‑and‑a‑half‑year custodial term as imposed.

Who, what, where, when and why

What: Report matter: Arsonist who caused over €1m in damage to gym loses appeal. Charges or matters: arson at Flyefit gym, Coolock on July 25, 2016. Procedural stage: appeal

When:

Why: Judge Codd set a headline sentence of 11 years but reduced this to nine years after noting evidence that Harte was petrified because of a drug debt and was worried for the safety of his family. CNI source report

Case subjects

Mark Harte

Appellant

Charges: arson at Flyefit gym, Coolock on July 25, 2016 (Admitted)

Plea: Guilty

Outcome: He appealed the severity of his sentence, with his counsel Dean Kelly SC telling the three-judge Court of Appeal that Harte had pleaded guilty and was at low risk of reoffending. Judge Codd set a headline sentence of 11 years but reduced this to nine years after noting evidence that Harte was petrified because of a drug debt and was worried for the safety of his family.

Places mentioned

Court Venue
  • Court of Appeal
  • Dublin
  • Dublin Circuit Criminal Court
Incident

Topics

Drugs Stage Appeal

Related court reports

Read the original CNI report

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