Director of Public Prosecutions v Baldock

[2016] VCC 1469

IN THE COUNTY COURT OF VICTORIA Revised
Not Restricted
Suitable for Publication

AT MELBOURNE
CRIMINAL JURISDICTION

CR 16-01064

DIRECTOR OF PUBLIC PROSECUTIONS

v

JOSHUA BALDOCK

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JUDGE:	HER HONOUR JUDGE QUIN
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	5 October 2016
CASE MAY BE CITED AS:	DPP v Baldock
MEDIUM NEUTRAL CITATION:	[2016] VCC 1469

REASONS FOR SENTENCE
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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms L. Dipietrantonio
For the Accused	Ms C. Beissmann

HER HONOUR:

1Joshua James Baldock, you have pleaded guilty to one charge of arson.  The maximum penalty for this offence is 15 years.  The circumstances of your offending are set out in the summary of prosecution opening dated
15 September 2016, Exhibit A, and can be summarised as follows.

2On 26 February 2016 you were residing at a Department of Health and Housing Services Unit in Ferntree Gully.  Just after 1 pm in the afternoon you rang 000 stating you had arrived at the unit and saw smoke coming from it.

3A neighbour saw you standing on the front lawn and you told him that when you got home you saw smoke and that the unit was on fire.  You appeared to him to be very calm.  Fire services attended and discovered the front door to the unit closed but unlocked.  An open tin of fuel was located just near the front door.

4Fire scene examiners located two seats of fire, one in each bedroom of the unit and extensive smoke damage.  The cause of the fire was determined as the controlled pouring of flammable liquid on the floors of the unit.

5When police arrived you had left the scene and gone to your mother's and washed your clothes.  The total amount of damage to the unit was $107,986.  Possessions belonging to your housemate were also destroyed.  Police attended your mother's home and you were determined to be unfit to be interviewed.  You were remanded in custody.  You then spent 25 days in custody until 22 March 2016.

6I received a report from Dr Nuala Moran, consultant psychiatrist from Eastern Health at Chandler House dated 13 September 2016 and a report from Dr Kevin Ong, forensic psychiatrist, dated 30 May 2016.  I also received a copy of your community treatment order dated 13 April 2016, which is for a period of
12 months.

7You are currently aged 26 and were 25 when you committed this offence.  Prior to this offence you had lived independently from your family in department housing for about six years.  You have now returned to living with your mother and two younger step-brothers in Ferntree Gully.  You remain in contact with your father and his partner.  Both your parents were in court to support you.

8You attended school until the end of Year 10.  You have had difficulties maintaining employment and are currently on a disability support pension.  You have had significant health issues in your life.  At age four you suffered a stroke or cerebral haemorrhage and you have suffered from epilepsy since you were about 12.

9Your first psychiatric admission was in November 2010 after an acute psychotic episode and you were then discharged on a community treatment order.  That CTO was for a period of two years.  In April 2013 whilst you were under the care of Chandler House you were diagnosed with schizophrenia.  Your medication was changed to deal with your troubling symptoms in October 2013.

10Additionally at this time there were concerns regarding your substance abuse.  When you were released from custody on bail you were admitted to Maroondah Hospital.  Over the course of this admission your symptoms continued.  Your anti-psychotic medication was reinstated and the dose increased.  As indicated above, in April 2016 you were placed on another CTO with Chandler House when you had resumed living with your mother.

11In the weeks preceding this offence you missed two doses of your medication.  You admitted that you had used cannabis and methylamphetamine or ice during this same period.  At the time of this offence Dr Ong is of the opinion that you were labouring under the delusional belief that the unit was spiritually possessed and you felt compelled to light the fire so others would not go there.

12Dr Ong is of the view that you are unlikely to have been able to reason with the requisite degree of sense and composure the wrongfulness of your actions at the time when you committed the offence.  Your counsel however conceded that you deliberately lit the fire with knowledge there were no occupants in the unit and that you called 000.

13There is clearly sufficient psychiatric material to enliven each of the principles in Verdins as applicable to you in consideration of your sentence.  Your diagnosis of schizophrenia reduces your moral culpability for this offence and reduces the application of the principles of general and specific deterrence.  Additionally, any time spent in custody would weigh more heavily on you than those who do not suffer from your mental health issues.

14I take into account your plea of guilty.  You indicated an intention to plead at the earliest opportunity.  There is the utilitarian benefit in your plea and you have saved the community the time and cost of a trial.  You have accepted responsibility for your actions.  I was also provided with a bundle of character references and I take that material into account.

15You previously appeared at Ringwood Magistrates' Court on 7 October 2010 and were placed on a three month community based order without conviction, which you successfully completed.  Those matters have little relevance to the circumstances of this offending.

16As to your prospects for rehabilitation, much depends on your mental health regime and treatment.  Although you have limited insight into your illness you are compliant with medication.  Dr Moran is of the opinion that you will continue to require psychiatric treatment and follow up in the long term.  You have significant support from your family.

17Your counsel submitted that all sentencing purposes could be served by the imposition of a community correction order.  Reliance was placed on the principles in Bolton.  It was submitted that a CCO was appropriate with conditions regarding your mental health and also substance abuse.

18The prosecution submitted that a CCO with relevant conditions was within the range of sentencing options available to me.  I had you assessed by Corrections as to your suitability for such an order and was provided with a favourable report.  In all the circumstances that is the course that I propose to adopt.  This order will operate in conjunction with the community treatment order.

19Principles of general and specific deterrence are of less application to you given your mental health issues.  The objective gravity of this offence was high given the significant amount of damage.  However that was somewhat lessened given your immediate actions thereafter.  I consider your personal circumstances and mental health unique and highly relevant to the disposition that I propose.

20The situation would be different and involve a period of custody if they did not exist.  I propose to place you on a community correction order for a period of three years and I require you to do 150 hours work under the order.  You will be required to attend for drug and assessment and treatment and mental health treatment.  You will also be subject to the supervision of Corrections and you will also be required to attend for any offending behaviour programs.

21I understand, Mr Baldock, that the conditions and the requirements of a community correction order have been explained to you and that you understand the obligations under the order.  Further, you must understand the consequences of failing to make those obligations and I understand that they have also been explained to you.  But to be clear, you will come back to me for resentencing if you breach the community correction order.

22Did I make a 464 order the other day?

23MS DIPIETRANTONIO:  No, Your Honour, we had to provide Your Honour with the relevant paperwork which I have now and the disposal orders being amended.  There are only three items and there is no objection to those items, Your Honour.

24HER HONOUR: Additionally, Mr Baldock, pursuant to s.464ZF(2) of the Crimes Act I order that you undergo a forensic procedure for the taking of a scraping from the mouth until a sample of sufficient standard is obtained for placement on the database. I must inform you that if at the time of the request you do not consent to the taking of a mouth scraping under the supervision of a police member then the sample will be a blood sample and police may use reasonable force to enable that forensic procedure to be conducted.

25I also make the disposal order in the terms of the order that has just been handed up to me. Pursuant to s.6AAA of the Sentencing Act I declare that save for your plea of guilty you would have been sentenced to a period of imprisonment of 18 months. Have I indicated the 150 hours community work?

26MS DIPIETRANTONIO:  Yes, Your Honour.

27HER HONOUR:  Thank you.  I will just sign these orders.  Thank you.  I will just stand down.

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