Two teenagers who tried to incite riot on Facebook have sentences reduced

Sentence reduced: Jordan McGinley and Shawn Divin.

Two teenagers who used social networking site Facebook to try and organise a riot in Dundee have succeeded in having their sentences reduced.

Jordan McGinley,18, and Shawn Divin,16, had their prison terms cut after a hearing on Friday at the Court of Appeal in Edinburgh.

The pair had earlier been jailed for three years each at the Dundee Sheriff Court in December 2011 for using Facebook to attempt to incite serious social disorder on Tayside.

The duo set up a page on the site called "Riot in the Toon" which encouraged people to smash up buildings, loot shops and attack police officers. Their actions came just days after riots broke out in several English cities in August last year.

Divin and McGinley's page attracted 221 people who said they'd help the pair out with any Dundee-based riots.

Lawyers acting for the teenagers told the Appeal Court at en earlier hearing that their sentences were too harsh - and that their Facebook page was a joke which was made in poor taste.

On Friday judges Lord Mackay and Lord Bonomy decided to reduce their sentences to 27 months for McGinley and 29 months for Divin.

In a written judgement, Lord Mackay wrote: "In these circumstances we have reached the conclusion that the sentences imposed were excessive. We agree with the sheriff that in respect of both appellants a custodial sentence is the only sentence appropriate.

"We also agree with the sheriff that the offence to which the appellants pled guilty to requires to be assessed in the context in which it was committed."

The offence was committed a few days after the outbreak of very serious rioting, looting, fire raising and criminal damage in various parts of England.

"Questions were being raised by and in the media as to whether anything similar was liable to occur in Scotland. Both appellants may have considered that what they were involved in amounted to a prank that got out of hand.

"However, others who read the Facebook pages could well have taken a different view. For all these reasons, the offence falls to be regarded as a serious one."

McGinley and Divin were arrested by Tayside Police in August 2011 after the force received a tip off from a Glasgow-based journalist about the web site. Stunned cops studied the Riot in Toon page on Facebook and found that computer users had left a series of shocking statements on the site.

McGinley wrote on the page: "ONLY JOIN IF YER ACTUALLY GONNA COME IF ANY HAS GUNS BRING THEM DOWN TO THIS KILL SOME F*****G DAFTYS."

On Friday, both Lord Mackay and Lord Bonomy said they hoped the pair would learn from their mistakes and not re-offend.

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