Man jailed for five years after torching then-partner's home in Whitby and causing £13,000 damage

Daniel Kerwood, 39, persuaded his partner to go for a walk with their dogs after starting a fire in their bedroom, York Crown Court heard.

By the time they returned to their semi-detached home on Abbots Road, smoke alarms were wailing and flames could be seen through an upstairs window.

Prosecutor Richard Holland said Kerwood hatched the potentially deadly arson plot because his partner had been trying to move him out of her home of which she had sole tenancy.

On the day in question, in November last year, Kerwood used a lighter to set fire to a bed in an upstairs room.

He left lighters and an aerosol can on the bed, then suggested to his partner that they go for a walk with their three dogs.

While they were out on the walk, the fire took hold inside the bedroom and the aerosol can blew up, hastening the spread of the flames.

Kerwood’s partner wanted to stay out longer on the walk, but Kerwood insisted they go back home.

When they returned, the property was on fire.

Mr Holland said firefighters arrived “in force” to tackle the blaze after being called out by the couple’s neighbour.

By the time they had forced their way into the blazing house, the fire had spread from the bedroom to the landing.

They brought the fire under control in about 20 minutes, but fire officers said that without such a quick intervention the blaze would have spread to the next-door property where the woman who had raised the alarm lived with her family.

Mr Holland said that Kerwood “hung around outside” as firefighters put out the flames and police made enquiries.

“His neighbours said he did not appear very bothered by the fire,” added Mr Holland.

Kerwood lied to police that he had been assaulted earlier that day by an “unknown male” and that this fictional man could have set fire to the house.

He had even tried to corroborate his “false story” by sending a message to someone on his phone’s contact list.

Mr Holland said this was all to “deflect suspicion from himself” as the authorities tried to establish the cause of the blaze, which caused about £13,260 of damage.

He added that Kerwood was seen to discard a tin of lighter fuel in a bin, but there was no evidence to suggest that any accelerant had been used to start the fire.

He was arrested later that evening but denied he was behind the blaze.

Kerwood, who had been drinking at the time of the incident, was charged with arson and being reckless as to whether life would be endangered but pleaded not guilty to the offence when the case reached court.

However, he was found guilty by a jury following a trial in May.

He appeared for sentence via video link today after being remanded in custody.

Mr Holland said that Kerwood had previous convictions including criminal damage and was last convicted about four years ago for breaching a domestic-violence-protection order to protect his now-ex partner, who was named in court.

Mr Holland said that it was she who had the tenancy to the house for about 12 years, but she had moved out since the fire.

She said she was “absolutely devastated when I saw my house on fire” and the extent of the damage.

“My heart sank when I saw how serious it was,” she added.

“I did not believe (Kerwood) was capable of that.

"My life has been turned upside down.”

Following the fire, she had to move into temporary accommodation for 12 weeks “until a suitable property was found for me”.

She had formed a relationship with Kerwood after “issues” with a previous relationship but “things soon started to go downhill”.

She added: “I know that one day he will be released from prison (which) terrifies me.”

The profound psychological effect meant that her medication had to be increased and when she did manage to sleep, “I wake up having nightmares”.

Defence barrister Glenn Parsons said Kerwood had mental health and “emotional” problems, a “low IQ” and was thought to be on the autistic spectrum.

“There was some half-thought-out plan in his mind that by setting (this) fire he could be rehoused with (his then partner),” added Mr Parsons.

He said that Kerwood was “living in his own fantasy world”.

Judge Sean Morris told Kerwood he had endangered the lives of “multiple people” including firefighters and the family living next door, and that he still had “no insight into what you did”.

He added: “I think this quite-well-thought-out plan arises out of your besottedness with your partner who…you knew was not happy with you staying (at her house).”

The judge said it was evident that Kerwood had set fire to her property in the hope he could move into a new house with her.

He told Kerwood he would serve half of the five-year jail sentence behind bars before being released on prison licence.

Kerwood was also made subject to a 10-year restraining order banning him from contacting and approaching his ex-partner.