O1 was drinking with his son O2 and decided to scope out Vs house driving

O1 was drinking with his son o2 and decided to scope

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O1 was drinking with his son O2 and decided to scope out V’s house, driving around the house several times. The offenders then obtained petrol and firelighters, returned to V’s house and O1 smashed the bedroom window and pushed in the flyscreen, unaware that V was home. O1 poured in petrol 5
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through the window and set it alight in two bedrooms, while O2 kept lookout. The house was severely damaged and the majority of V’s belongings were destroyed. The total value of the damage was estimated at $180K-$200K. Offender 1 – prior convictions for breach and violence offences, 51y male, pulmonary embolism, context of family violence, physical condition, family support, character references, carer for parents, guarded prospects of rehabilitation Jansen; Jansen [2017] VCC 1721 Offender 1 17 Novembe r 2017 Custodial 48 months (4 years) NPP – 24 months (2 years) Arson (3 years 6 months) Obtaining property by deception (2 years) NG Offending – O1 owned a hotel with his wife for about nine years. After it ceased trading, O1 continued to live there for a time with his wife and son (O2) while it was on the market. O1 faced financial difficulties and was in arrears in his mortgage. O1 insured the hotel for $250,000 for the building and $50,000 for the contents, and received a deposit from a purchaser for $220K. After removing personal items from the hotel, O1 and O2 set fire to the hotel. O1 had a more dominant role. Planned arson. O1 made a claim under the insurance policy and received $358,006.24 in respect of the damage to the hotel and accommodation costs. Offender 1 – no prior convictions, 65 y male, physical injuries, severe obstructive sleep apnoea, need for CPAP machine leading to increased custodial burden, severe back pain, coronary artery disease with coronary stents, Type 2 diabetes, carer for wife, character reference, loss of assets, motivated by financial need, very good prospects of rehabilitation. Dent [2018] VCC 756 24 May 2018 Custodial 45.15 months (3 years 8 months 35 days) imprisonment NPP – 30 months (2 years 6 months) $150 fine Arson (2 years) Common assault (10 months) Threat to kill (10 months) Criminal damage (10 months) Threat to inflict serious injury (8 months) Threat to assault an emergency worker on duty (6 months) Possession of a drug of dependence x 2 (2 months, $150 fine) Resist police (1 month) Commit an indictable offence while G (early) Offending – O lived with V1 (a friend) in DHHS housing. O and an acquaintance (CO) returned home in the early morning, O yelled at V1, waking her. O and CO threatened to beat V1 up. O entered V1’s bedroom, while she was packing and threatened to kill her. O followed V1 into the kitchen, where he punched V1 to her mouth. V1 returned to her room and stayed there. O left the house, walked to a neighbouring fence, and threatened to ‘call the bikies and have them put a bullet’ in V2 (a neighbour) and ‘use an RPG to blow up’ V2 if she rang the police.
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