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
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.
