Payne 2017 vcc 347 30 march 2017 custodial 1683

Payne [2017]
VCC 347
30 March
2017
Custodial 16.83 months
(512 days)
imprisonment
(time served)
Arson G
Offending – O set fire to her caravan that was parked in the front yard of her
friend’s house, causing damage to her caravan and minimal damage to the
house. This was because O’s daughter was about to have a baby and O did
not like the father.
Offender – offence committed while on CCO, female offender, general mental
trauma, family support
Hach [2018]
VCC 357
21 March
2018
Combination 12 months (1
year)
imprisonment
(time served)
60 months (5
years) CCO:
- Drug
assessmen
t and
Arson G Offending – O was employed at a waste management company, and had
been on sick leave for about four weeks due to long-term depression and
suicide attempts. He was released from a mental health care facility with a
medical certificate stating he had been incapable of work up to and including
that day.
O left a message with his manager M asking if he could return to work the
next day. M called him back later that day and told him that O could not
return to work unless he produced a medical certificate stating that he was
capable of doing so. O became angry and argumentative as a result.
Sentence appeal
dismissed
[2018] VSCA 196
7 August 2018
Case summary
10

treatment
- Alcohol
assessmen
t and
treatment
- Offending
behaviour
programs
- Supervisio
n
At midnight, O went to the waste management facility with a petrol
container, broke into the depot and then broke a window on two of the
trucks. O poured petrol through the broken windows into the cabin of each
truck and set them on fire.
The trucks were completely destroyed and were valued at $700K in total.
Offender – no prior convictions, 32y male, borderline personality disorder,
increased custodial burden, difficult childhood, depression, suicide attempt,
alcohol use, family support, good prospects of rehabilitation
Corey [2017]
VCC 1730
20
Novembe
r 2017
Combination 12 months (1
year)
imprisonment
36 months (3
years) CCO:
- Supervisio
n
- Drug
assessmen
t and
treatment
- Offending
behaviour
programs
12 months (1
year) licence
disqualificatio
n
Arson (1 year
imprisonment
and 3 year
CCO)
Theft (1 month)
Negligently
dealing with
the proceeds of
crime (1
month)
Driving while
disqualified (14
days)
G
(early)
Offending – O was driving while disqualified with two co-offenders in a stolen
vehicle. The offenders drove to V1’s house and stole a petrol tank from a
boat.
Later, the offenders drove to a storage facility, and while O waited in the car
the co-offenders gained access to the facility. The co-offenders then used the
petrol from the stolen petrol tank to set fire to the facility before making their
getaway.
The facility and adjourning storage units were heavily damaged, the total
extent estimated at $455,124.30. Situational offending, minor role.
Offender – prior convictions for dishonesty, breach, violence, drug and
driving offences, 23 y Indigenous male, intoxicated at time of offending,
deprived childhood, character reference, drug use, underlying symptoms of
complex developmental trauma and major depressive disorder, epilepsy,