10/10/2025
SENTENCE DOUBLED
A TEENAGER WHO threw petrol bombs into a building that had been earmarked for asylum seekers, causing €28,000 worth of damage, has had the suspended portion of his six-year sentence doubled on appeal.
Andy Donohue (19), with an address at Citywest View, Tallaght, was sentenced to six years with one suspended by Judge Martin Nolan last February, having pleaded guilty to one count of arson at St John's House, High Street, Tallaght on May 24, 2024.
He had no previous convictions.
Defence counsel for Donohue told his sentencing hearing at Dublin Circuit Criminal Court last February the teenager “came under the influence of some extremely racist people”.
CCTV footage played in court showed Donohue, then aged 18, approaching the building close to 11pm in May last year with a fiery object in his hand, before he smashed the glass door repeatedly with a hammer, shoved the lit object and a number of other firebombs through the broken glass and then added accelerant to fan the flames.
the Court of Appeal yesterday, Donohue’s senior counsel Giollaíosa Ó Lideadha submitted that the headline sentence fixed by the trial judge was excessive and that not enough weight was placed on the mitigation in the case.
He argued a substantial part of the sentence imposed after mitigation should have been suspended.
Kieran Kelly BL, for the Director of Public Prosecutions, contended there was no error in the headline sentence nominated by the judge.
He said Donohue had not co-operated with gardaí and the guilty plea was entered in the face of overwhelming evidence, so the majority of mitigation had to go to Donohue’s youth and circumstances.
Delivering judgement, Ms Justice Nuala Bulter, sitting with Ms Justice Isobel Kennedy and Mr Justice Alexander Owens, noted that the maximum sentence for arson is one of life in prison. She said the court did not find that the headline sentence of ten years was outside the range available to the judge.
This had been a “very serious crime” and the racist and political motivation was “a very significant factor”, she said adding it was clear the incident was “planned and pre-mediated”.
Ms Justice Butler said the court could not ignore the fact that this crime was intended to relay a message to a group of “vulnerable” foreign nationals that “they are not welcome in this country”.
The judge noted the evidence against Donohue was strong and he was linked to the scene by DNA and CCTV. She said given all of the circumstances the court could not see any error in the discount given for mitigation.
However, the court found the sentencing judge fell into error in only suspending one year of the jail term imposed, the sentencing judge did not take sufficient account of rehabilitation for “this very young first time offender”.
Ms Justice Butler quashed the sentence and imposed a new prison term of six years with two years suspended. She said this was on the same conditions as previously set with one additional condition that Donohue attends such schooling as is available to him while in prison.
Addressing the teenager after the new sentence and conditions were imposed, Ms Justice Kennedy said: “You’ve been given an opportunity by this court. I’m urging you to take that opportunity and continue with your schooling.”
Donohue’s sentencing hearing in February heard how a female security guard who was inside the building at the time witnessed the incident on security cameras and had to flee the building through a back door.
However, because she left her phone and other personal belongings inside, fire fighters dealing with the blaze initially feared for her safety before she was located safe and uninjured.
The building had been earmarked for use by the International Protection Office for immigrants and the damage caused amounted to €28,000, the court heard.
Donohue was identified as the culprit from CCTV footage of the incident and was arrested shortly afterwards.
