A Fife man who lit a firework in tribute to his late brother and accidentally launched it into his mum’s kitchen has narrowly avoided a prison sentence.
Joe Arnott had wanted to send the rocket into the night sky as a final goodbye to his brother, Louis, following his funeral earlier that day.
The firework’s stick snapped before he lit it, sending it off in the wrong direction and into the house in Rosyth, causing terrified family members to run for cover.
Dunfermline Sheriff Court heard previously that scaffolder Arnott had been drinking alcohol prior to the incident in June 2020.
Arnott, 32, of Dunfermline’s Robertson Road, pled guilty to culpably and recklessly igniting a firework which then flew into an occupied house, to the danger of injury of the occupants within the property.
He appeared for sentencing following the production of background reports.
Defence lawyer Stephen Morrison said his client expressed “deep regret and sorrow” for what happened and wants to put it behind him.
Prison warning
Sheriff Charles Macnair told Arnott: “This is an offence of culpable and reckless conduct, which caused significant danger to those who were in the house.
“Fireworks are dangerous and must be treated with care and that means, generally speaking, they should be handled by people not under the influence of alcohol or drugs.
“Having regard to the terms of the report which are favourable, I’m just prepared to deal with with this as a non custodial but if you breach the order in any way, then it’s very likely you will serve a custodial sentence.
“That will include a return to custody in relation to your previous sentence.”
Sheriff Macnair sentenced Arnott to carry out 270 hours of unpaid work within a year and placed him under a supervision order for two years.
As Arnott left the dock, a family member in the gallery thanked the sheriff.
Explosion
The court heard previously the back door to Arnott’s mum Katherine Anderson’s house in Burnside Crescent was open as she had been smoking a cigarette in the kitchen at the time.
Arnott’s other brother, Benn, was also in the room.
Procurator fiscal depute Alistair McDermid said Benn heard a hissing sound before a lit firework “flew through the open back door,” causing the kitchen to fill with smoke and activating the fire alarm.
The fiscal depute said: “Benn Arnott grabbed Anderson and pulled her into the hall and shut the door.
“They were both screaming.
“Once the door was shut, the firework exploded.”
Police officers and firefighters arrived following a 999 call.
Set off explosive from hand
A fire service watch commander observed no active fire but a smell of sulphur was lingering and some of the kitchen tiles were scorch-marked.
The black tube from the firework was also recovered.
The depute fiscal added: “When interviewed the accused indicated that the stick on the firework had snapped prior to him setting it off.
“He indicated that he had set it off in his hand.
“He denied any intent to damage property or injure anyone.
“He indicated that setting off the firework was meant to be one last goodbye to his brother.”
The incident happened shortly after midnight on June 24 2020.
‘Highly emotional’
Defence lawyer Stephen Morrison said Arnott’s brother had died towards the end of May 2020 due to a heart condition.
As part of the commemorations, fireworks had been let off previously in his mother’s back garden.
Mr Morrison said Arnott was in a “highly emotional state” at the time of the incident and there was no intention to hurt anyone.
The solicitor said there is no ongoing ill feeling within the family.
