Director of Public Prosecutions v Bogovic
[2025] VCC 870
•23 June 2025
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR 23-02162 & CR 24-01457
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| JAMIE BOGOVIC |
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JUDGE: | HER HONOUR JUDGE BLAIR | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 7 February 2025, 27 May 2025 | |
DATE OF SENTENCE: | 23 June 2025 | |
CASE MAY BE CITED AS: | DPP v Bogovic | |
MEDIUM NEUTRAL CITATION: | [2025] VCC 870 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW – Sentence
Catchwords: Arson – theft – reckless cause injury – assaulting a custodial officer on duty – Court Integrated Services Program – mental health – psychotic illness – Verdins – Category 1 offending
Legislation Cited: Sentencing Act 1991 (Vic)
Cases Cited:R v Verdins [2007] VSCA 102
Sentence: Total effective sentence of 436 days imprisonment and a Community Correction Order of 12 months
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms B. Goding | Office of Public Prosecutions |
| For the Accused | Mr D. De Witt | Balmer & Associates |
HER HONOUR:
1Jamie Bogovic, on 16 April 2024 you were arraigned and pleaded guilty to one charge of arson and one charge of theft.
2On 7 February 2025 you were arraigned and pleaded guilty to one charge of reckless cause injury and one charge of assaulting a custodial officer on duty.
Personal circumstances
3You have recently turned 37. You were born in Melbourne and raised in the Dandenong area. For the majority of your life you have lived in Victoria, but you also lived in New South Wales and Queensland. You are the eldest of the three children in your family and have a younger brother and sister. Your sister has been your most consistent support and contact within your family.
4Until the age of five you lived as a family with your parents. During these very early years you were exposed to, and experienced, the violence your alcoholic father perpetrated upon the family. Home life for you was volatile and unpredictable and you were scared and felt unsafe. Your father would disappear for extended periods of time. Ultimately, when you were five, your parents separated and your father left the family home for good.
5Your mother worked in a factory to provide for the family. Once your father had left your mother, who also had problems with alcohol addiction, had numerous partners. Some of these men would be violent and some would be pleasant. You began to resent your mother and would run away from home to be with your paternal grandparents. By the age of 10, your grandparents agree to allow you to live with them. Around this time, your mother met your stepfather and went on to develop a stable and lasting relationship with this man. You were particularly close to your grandfather. He was like a father to you and you were happy living at your grandparents’ home.
6Your uncle had been a professional boxer and your grandfather encouraged you to pursue the sport. You were passionate and excelled in boxing. You found a positive and supportive community within the boxing fraternity. With the help of your grandfather you mended the relationship with your father who would drive you to the gym. When you were 17 years old your grandfather passed away. You were grief stricken.
7Although you completed Year 12 at secondary school, you struggled to concentrate and you were suspended and expelled from primary and secondary schools, often for fighting. After completing school, you worked in food delivery and, at times, concreting. All the while you trained daily in boxing. You followed strict training regimes and worked hard to achieve your goal of becoming a professional boxer. You secured sponsorship and moved to Sydney aged 21, where you remained for two to three years.
8Your career continued to build momentum, and you were invited to participate in increasingly high-profile bouts. In 2011 you returned to Melbourne and whilst training for a fight against Anthony Mundine you broke your hand. This was a devastating blow. You were unable to box for six months. Where you had previously been very disciplined, instead you took increasing amounts of drugs, in particular methamphetamine. Your social circle changed and although you obtained work intermittently, cutting trees for a friend’s business, you lost motivation and drive.
9In 2013, you attempted to return to professional boxing. You relocated from Dandenong to Queensland and resumed training. Ultimately, your hope of reigniting your boxing career did not succeed and you were shattered that you had failed to realise your full potential.
10Over the years you have had two serious relationships. The first of these was from when you were aged 17 to 21, and the second was from when you were aged 25 to 30. Your second partner struggled with drug dependence issues. The relationship developed into one of toxicity and together you and your partner sunk further into drug addiction. In 2016, your partner suffered a miscarriage when she was seven months pregnant. You struggled to manage the grief and trauma flowing from this loss. This relationship ended in 2018.
11You have worked in a variety of casual employment including painting, security, fitness, tree lopping and plastering. These jobs were often disrupted by your ongoing drug use or attempts to revive your boxing career which continued through to 2020. The restrictions imposed on the community during the COVID pandemic proved particularly challenging. You had been booked to fight in what was to be yet another return to professional boxing. The fight was cancelled due to the COVID restrictions and in despair you descended back into drug dependence.
12For much of your life you have experienced symptoms of severe anxiety and depression. These symptoms worsened when your drug use increased and your life was out of control. In 2020, you were hospitalised for serious panic attacks and the following year you were again admitted to hospital with panic attacks and delusions. You were prescribed antipsychotic medication for the first time. The MHARS pre-sentence report from Gregory Lane, confirms that you were engaged in involuntary treatment by way of an inpatient admission between 6 and 16 February 2021.
13Since that time you have struggled to adhere to mental health treatment, often because you were homeless and had limited social support. You would often self-medicate with drugs. It appears that your drug use and undiagnosed and untreated mental health issues have led to your offending over many years. You have been entrenched in a cycle of poor mental health, drug use, offending and incarceration.
14Your prior history reveals that at times you were punished by way of short terms of imprisonment that were coupled with rehabilitative orders. The author of the Corrections pre-sentence report disclosed that you had previously been sentenced to seven community–based dispositions. These included a drug treatment order that was cancelled, five CCOs between 2016 and 2021 and one intensive correction order in 2010. Unfortunately, you were unable to sustain any lasting change to your mental health or abstinence from drug and alcohol use and, in this context, you continued to offend and these orders almost invariably ended in breach proceedings.
15According to your sentence remand history you were released from custody on 20 October 2022 after serving approximately nine months. In reality, it appears that you had spent an increasing amount of time in custody from mid-2019 with shorter periods at liberty. In the period leading up to the arson offending, you had been living with your father. You struggled to re-adjust to life back in the community and your father tried to encourage you to return to training in an attempt to reignite your passion for boxing and create some structure in your life.
16You continued to suffer poor mental health and had symptoms of anxiety and paranoia about paranormal activities in your father’s home. You were in a constant state of distress and began hearing voices in the walls or underground. You believed that your food had been interfered with in order to make you fall into a deep sleep, after which you thought you had been sexually abused. You woke up with bruises, headaches, difficulty walking and attributed this to being raped. You noticed that when you returned to the house your clothes had been used as there was blood on them, your bed sheets would smell, items were missing, and you thought orgies had been taking place in your room so you would wash things constantly.
17Any attempt by you to tell your father or anybody about these experiences was disbelieved. Your father attributed your delusions to your drug use and booked hypnosis for you in an attempt to assist. However, you resorted to drug and alcohol use to try and manage your delusions. Instead of assisting, your consumption of substances served to make things far worse.
18On the day of the offending, you discovered your grandmother had died. You were extremely distressed by this and could not reconcile her loss. You consumed a bottle of vodka throughout the day.
19Various witnesses describe your behaviour; Tony Levanic said you 'appeared off the planet, meaning anxious and agitated'. Later that day, he received a distressed call from you, where you said you 'didn’t know what to do'. Your sister told police you had called your mother 'hysterically crying'. Your mother was concerned and told your sister, 'This is the first time I’ve seen him this way, you need to call him right now'. When your sister spoke to you, you were 'screaming and crying'. You were captured on body worn camera footage in a distressed state and you told the police that 'this was the worst day of your life'.
20You were assessed by Dr David Trainor and two reports authored by Dr Trainor were tendered, the first dated 10 April 2024, and the second dated 15 April 2025 and I will return to these reports in more detail shortly.
21As to what led to your offending, you told Dr Trainor that you began to drink a bottle of vodka and you were outside on the footpath crying. Your father called you and told you to leave the house. You went back inside and poured petrol on yourself intending to commit suicide, but you did not 'have the balls to do it'. You changed your clothes and put your petrol soaked clothes in the washing machine. You reported the worst emotional feeling ever and felt you did not have any support. Impulsively you lit a fire to end all the bad things. You told Dr Trainor it was not your intention to set fire to the house, it was just secondary to the rage.
22You then ran to a neighbour’s house, knocked on their windows asking them to call Triple 0, then ran to another neighbour’s house to evade arrest. You drank a beer whilst inside.
Circumstances of offending - arson
23A summary of the agreed factual basis for the arson offending is that on Saturday 22 April 2023, your father was told that his elderly mother, your grandmother, had passed away in her nursing home.
24At around 8 am your father left home to spend the day grieving with extended family members. Mr Levanic, who also lived at the address, arrived home and was told that your father’s mother had passed away. You went from your bedroom to the kitchen, and you appeared anxious and agitated. At approximately 11.45 am, Mr Levanic locked his room, left the address, and went to work. You were the only person remaining at the property.
25At 5.40 pm you made a phone call from your mobile to Mr Levanic. You told him you were at Hampton Park Shopping Centre and did not know what to do. Mr Levanic told you that you needed to make some new rules about your life.
26At approximately 5.50 a witness saw you on Seebeck Drive in Narre Warren South. At 7.40 pm you were observed on CCTV walking east on Pledger Close towards your home. You were wearing a hooded jumper, tracksuit pants, runners and carrying a pizza box. You arrived home and went inside. You then poured petrol throughout the rear living area and set it alight before leaving the house, and this was the cause of the fire.
27At 8.04 pm, you were observed on CCTV footage acting erratically on Pledger Close. You are depicted with your hood on.28At 8.04 you were observed on CCTV footage acting erratically on Pledger Close. You are depicted with your hood on, no longer holding the pizza box. You were swaying side to side and were unsteady on your feet. You were observed running across the road towards number 18 while another witness drove his vehicle into Pledger Close. You were then observed on CCTV to approach the front door of number 18.
29At 8.08 pm, you were observed on CCTV footage in the front garden of number 17 and a witness heard you saying, 'oh fuck, oh fuck'. Within a few minutes another witness called Triple 0 to report your suspicious behaviour as you were running in the street and jumping fences of neighbouring properties. While on the phone to Triple 0, the witness saw that the property of 9 Pledger Close was on fire and so told the operator.
30At 8.16 pm you were observed on CCTV to go down the sideway of number 17 . You left your shoes at the side of the house and they were collected by a witness who threw them into the front yard of your address at number 9.
31Your father and your sister Jessica Bogovic arrived home to find the house on fire.
32At 8.21 pm, members from the Narre Warren CFA arrived at Pledger Close. Dash camera footage obtained from the fire truck depicts the rear of number 9 engulfed in flames. Once CFA members arrived, you were located outside the address leaning against a white utility with a steel tray. Police officers arrived and began attempting to control witnesses and the scene.
33You continued to act in an erratic state and ran past CFA members and ripped open the side gate, stating 'let’s go… hurry up, the house is on fire, pull the fucking gate and go in'. You gestured to the firefighters to go into the property to put out the fire and you suggested that you wanted to help them.
34The police officers attempted to reason with you and to get you to sit down on the nature strip. When you were told that you were going to be handcuffed, you stood up and ran from the scene. You ran down a pathway to Meldrum Court and continued south on Scarborough Drive. A police officer saw you wave down a white SUV in a nearby street. You attempted to get into the rear passenger door. The police officer lost sight of you as you went northbound on Baringa Park Drive.
35A witness saw that you had entered the back pergola of 13 Pledger Close and taken three stubbies of Crown Lager from the outdoor fridge. An empty Crown Lager was located on top of the barbeque, and a full bottle located on the side fence paling, and an empty bottle located on the fence paling and a cap located on top of the paling.
36At 3.48 am, you returned to the scene and you are captured on CCTV hiding behind shrubs in the front yard of number 18 while a police unit is driving in the area.
37The next morning investigating police and a forensic officer George Xydias, from the Fire and Explosion Unit, arrived to process the scene. Mr Xydias provided a statement that confirmed flammable liquid was located in the front lounge/makeshift bedroom; a red plastic jerry can was located within the premises; clothing soaked in flammable liquid was in the washing machine located in the laundry; there were signs of forced entry to the rear shed where the jerry cans are stored; a metal five litre fuel container was located in back living room; and there was no flammable liquid located in hallway.
38The fire had extensively and severely damaged the rear half of the dwelling. Most of the roof structure in the rear living area had collapsed into the room, and most of the contents of this area were consumed by fire. There was also direct fire damage in the dining area and laundry.
39Later that evening police officers arrived in the vicinity of Baringa Park Drive in Narre Warren South where you had been seen. One of the officers saw you walking southwest on Raleigh Drive on the north side of the footpath near Chislehurst Court. You were arrested, provided your caution and rights and taken to Dandenong police station where you provided a 'no comment' interview.
40You were remanded in custody. You struggled to reconcile not being able to attend your grandmother’s funeral and transitioning back to custody. Not surprisingly, you had no family support at this time. Justice Health records detailed that upon remand you were assessed by a psychiatric nurse who noted that you were ‘polite, engaging, denying hallucinations or paranoid thought, ongoing anxiety' and you denied other psychotic symptoms'. You were not assessed by a psychiatrist or psychiatry registrar and nursing staff noted that you engaged superficially but you had not been assessed as experiencing a psychotic or mood disorder.
41Unlike previous periods in custody you spent the majority of your time on remand in management units locked down around 23 hours per day. Despite requests, you received no mental health treatment. Eventually, you were placed in the long-term management Melaleuca Unit, and this is a unit that involves total isolation from the broader prison population where you were required to exist in your cell for 23 hours each day. You were permitted out alone to a small run-out area backing on to your cell. You did not receive any educational opportunities.
42Your mental health declined and by the time of the gaol offending, you had developed entrenched paranoid beliefs that caused you to think the prison guards were putting faeces in your food and chemicals in your water.
43You tried to minimise your food and water intake and stopped showering. On the day of the offending you believed that the guards in question were going to kill you as they had been recruited by someone on the outside who wished you harm.
Circumstances of offending – gaol assault
44The agreed factual basis for the gaol offending is as follows.
45At the time you were 35 years of age and on remand at Barwon Prison in relation to the charges of arson and theft that I have just detailed. The victims in this matter are Gordon Laurie and Darren Kirkwood. Both are prison officers at Barwon Prison.
46On 8 January 2024, Acting Senior Prison Officer Laurie and Senior Prison Officer Kirkwood were assigned to the Melaleuca Unit in the high security area of Barwon Prison. At approximately 8.45 am, prisoners are ordinarily released from their cells, one at a time. Mr Laurie, with prison officers Lilly, Katos and McFarlane, released you from your cell. They performed a pat down search and cell check. You asked if he could use the yard with the treadmill, but it was already booked. The officers informed you that if the prisoner who booked it did not come out of his cell, then you could use it. You seemed to accept this and were locked down again.
47Shortly after midday, Mr Laurie and Mr Kirkwood went to release you from your cell into the exercise yard. Mr Kirkwood performed a pat down of you as you came out of the cell. You had to be directed to raise your arms for pat down, which was not usually the case. You then went to hand Mr Laurie your canteen form. As Mr Laurie took the form, you punched him twice with significant force to the face. The second punch caused Mr Laurie to drop to the ground. Mr Laurie was knocked out for 5 to 10 seconds and, when he came to, there was a pool of blood on the floor around him. He was assisted by Prison Officer Shanise Simonson who called for assistance and administered first aid whilst waiting for medical personnel to attend. He was subsequently transported to hospital for medical attention.
48Meanwhile, Mr Kirkwood attempted to grapple you to create a reactionary gap for Mr Laurie. Both Mr Kirkwood and you went to the ground, with you over the top of Mr Kirkwood and, in this position, you forcefully applied pressure to Mr Kirkwood’s neck. Other officers intervened to release Mr Kirkwood from your hold.
49Acting Senior Prison Officer Timothy Knight directed you to place your hands behind your back, which you did not do, and officers were required to use force to gain your compliance before escorting you to the sallyport holding cell. You remained resistant and combative as you were being moved, including refusing directions to place your hands through the holding cell trap to be secured. You were subsequently assessed by medical personnel and transported to St Vincent’s Hospital.
50Mr Laurie attended Epworth Hospital where he remained overnight. He had a three centimetre deep laceration to his right cheek/crease of the nose that was glued by medical officers at the scene and then sutured, with 10 stitches, at the hospital. He experienced soreness and swelling to the area, and soreness and bruising behind the right ear. CT scans were inconclusive as to any fracture to the nose. No other bony injuries were identified. At assessment on 16 April 2024, Mr Laurie continued to experience a sensation of blockage in the right side of the nose with persistent congestion. No bony injuries were noted and his nasal dorsum was straight.
Victim impact statement
51Mr Laurie described the impact of your offending in his victim impact statement. Since the assault his life has significantly altered, and he is no longer the person he was before. His relationship with family, friends, co-workers and colleagues have all been severely affected. Mr Laurie continues to endure pain and anguish that causes him to have emotional outbursts of anger, frustration and anxiety. He struggles to sleep and has trouble concentrating. His nose required stitches and he now has a permanent scar that is a constant reminder of what he endured that day. Mr Laurie has had to survive on WorkCover and was only able to return to some form of work with reduced capacity eight months after the incident. It has taken many, many months for Mr Laurie to find the courage to step out into public or attend social events.
52I accept that this has had a significant and deleterious effect upon Mr Laurie, who was just doing his job. I have taken this into consideration in the sentence I will shortly impose.
53You declined to be interviewed on 28 May 2024. After this offending you were transferred to the Metropolitan Remand Centre where you were housed in the Exford Management Unit, and this again required you to exist in a cell 23 hours a day with a solitary 'run out' in a confined area at the back of the cell that had walls and a grill top where you could see daylight. You were housed in these conditions for six months until you were released on bail on 1 July 2024. You received no mental health treatment.
Mental health – arson
54In his report dated 10 April 2024, Dr Trainor opined that given the description of your mental health in the months prior to the arson offending, you were suffering from auditory hallucinations, persecutory and somatic delusions consistent with psychosis. These symptoms occurred prior to substance use but intensified significantly after using methamphetamines. Further, that although your symptoms changed in gaol, you continued to disclose ideas consistent with persecutory delusions. It was possible that the olfactory and gustatory hallucination of smelling and tasting faeces in food was related to the same delusional theme. Your thought form whilst vague at times was not grossly disorganised and you presented as generally behaviourally appropriate.
55In Dr Trainor’s opinion, you met the criteria for delusional disorder persecutory type. He considered it likely that your additional psychotic symptoms around the time of the offending came in the context of methamphetamine use and had resolved in prison. He considered a differential diagnosis of schizophrenia, although prison records do not suggest impaired functioning or bizarre behaviour that would be expected. Therefore, collateral information from somebody close to you would provide further diagnostic clarity.
56In terms of the connection of your mental state and the arson offending, Dr Trainor considered that your symptoms at the time of the offending were severe and resulted in your significant distress. Further, he considered there to be a realistic connection between your psychotic symptoms and the arson in that, without the presence of those symptoms, it is unlikely the offending would have occurred. Those psychotic symptoms had left you feeling hopeless, distressed and angry as you despaired the persecution would continue. It was in this heightened emotional state that you planned to set yourself on fire before impulsively setting the house alight instead. Additional contributing factors to the offending included the psychotogenic effects of methamphetamine, the disinhibiting effects of alcohol, your personality vulnerabilities, distress after learning of the death of your grandmother and anger at being asked to leave the house. In these circumstances Dr Trainor opined that your judgement was impaired and your ability to make calm and rational choices and think clearly was significantly impaired by your psychotic symptoms and your drug and alcohol intoxication.
57In response to the question of whether your condition would adversely impact your ability to cope in gaol, Dr Trainor stated that your delusional beliefs involve feeling persecuted in custody which, if left untreated, is likely to cause you distress and impact negatively on your ability to cope therefore making your time in custody more onerous than for a normal person.
58In relation to the question of whether your condition would deteriorate because of imprisonment, Dr Trainor noted that being detained in management conditions is not conducive to overall mental wellbeing generally and the stress of such an environment could possibly lead to a deterioration of your mental health.
59Your counsel, Mr De Witt, submitted that the limbs 1, 5 and 6 of Verdins are enlivened as a result,[1] and based on the opinions of Dr Trainor. In relation to limb 1, Mr De Witt submitted that there was clearly a nexus between your psychotic state and the offending. He further submitted that whilst your presentation was worsened by substances, the report of Dr Trainor confirmed the existence of organic psychiatric symptoms that existed independently with the substances aggravating such symptoms.
[1] R v Verdins [2007] VSCA 102.
60Ms Goding on behalf of the prosecution conceded that limb 1 was engaged, however, in the circumstances where you were also experiencing the effects of methamphetamine and alcohol, she submitted the weight to be given to this limb ought be moderated. Ms Goding conceded that limb 5 had application but disputed that there was a sufficient evidentiary basis to enliven limb 6 given the language of Dr Trainor in this regard.
61In my view limbs 1 and 5 of Verdins are enlivened and I find that as a result your moral culpability ought be reduced and the weight to be given to general deterrence ought be moderated.[2] I agree with the submission that given the interplay of alcohol and drugs at the time of the offending, the weight to be given to limb 1 should be reduced. With the benefit of hindsight I also find the limb 6 is enlivened. Dr Trainor in his subsequent assessment diagnosed you with schizophrenia. It is apparent from the assessments that have been undertaken, together with the treatment and medication you are now receiving, that the custodial environment had a detrimental impact on your mental state. I therefore also take into account limbs 5 and 6 of Verdins.
[2] Ibid.
Mental health – gaol assault
62Dr Trainor had the benefit of having assessed you on 1 and 15 March 2024. This was within two months of the gaol offending. It was his view at this time you were clearly psychotic and had been so for over a year. In his first report, Dr Trainor opined that you likely had a delusional disorder. With the benefit of collateral information in the form of the CISP reports and by speaking with one of your current treating team, in his report of 15 April 2025 Dr Trainor refined his opinion and considers that your presentation now appears more consistent with schizophrenia than delusional disorder.
63Significantly, Dr Trainor opined that at the time of the offending you were suffering schizophrenia that was untreated, and you were experiencing an acute psychotic episode. You were suffering from persecutory delusions and hallucinations. You held fixed false beliefs that you were the target of a conspiracy involving a broad network of individuals who you believed were positing your food and water while in custody. You perceived the officers you assaulted were members of this network and you believed that your life was in imminent danger. As such, at the time of the offending your judgement was significantly impaired, and you were disinhibited in the context of your psychotic illness. You did not appreciate the wrongfulness of your actions rather, under the influence of your delusional beliefs, you perceived your conduct was an act of self-defence and described the assault as a last resort. It is very likely, had you not been psychotic, the offending would not have occurred.
64I should also mention the report of clinical psychologist Courtney Steffens who assessed you and provided a report dated 10 December 2024. Ms Steffens reached a very similar opinion to Dr Trainor. She concluded that in her view you were mentally impaired at the time of the offending such that you would have a mental impairment defence available. Further, Ms Steffens conducted a risk assessment and opined that you were at moderate risk of future physical violent offending. She considered such risk would be reduced once you maintain a greater period of consistent engagement in treatment and abstinence from substances. As to the future, Ms Steffens recommended that you have wraparound mental health support. She strongly recommended that you continue to engage with your treating team and medication regime, and Ms Steffens suggested that you may be eligible for NDIS funding that may provide therapeutic supports and a recovery coach. Further, she observed that AOD counselling and testing would be important.
65In the circumstances, both the prosecution and your counsel submitted Verdins had full application in relation to the gaol offending. I accept on balance that Verdins does have full application to this aspect of the offending in your case.
Other matters in mitigation
66In relation to each matter, I accept that you pleaded guilty at an early stage. Further, I accept this reflects your remorse and demonstrates your willingness to facilitate the course of justice. I propose to allow a significant discount in the circumstances.
67Further I accept that your time in custody, that is 436 days, was served in very difficult circumstances. For a portion of the time you experienced the harsh conditions as a result of the tail end of the pandemic and for the majority of the time you were mentally unwell, you were isolated and locked down in management units for 23 hours a day. You have experienced very harsh conditions in custody.
Nature and gravity of offending
68Clearly, each incident of offending to which you have pleaded guilty is very serious. The arson offending involved the lighting of a fire in a house in a residential area. There was potential damage and danger to neighbouring properties, and fortunately the fire was extinguished relatively quickly, no persons were injured and there was no damage or effect to any other neighbouring properties. The fire was lit after you had abandoned a suicide attempt and when you knew that no one was home.
69I accept that there was little to no planning involved in your offending and that it was largely responsive to the devastating news that your grandmother had died and the reactive stress this caused. You made no attempt to conceal your offending and were seen by numerous witnesses in and around the scene, and your behaviour was described as bizarre by several of those witnesses including firefighters who you attempted to assist.
70Your offending in this manner occurred as a result of decompensation in your mental health. This does not appear to be offending borne from any misguided anger, revenge or other criminal purpose. However, the damage caused was devastating and the loss caused to your father was significant. Such loss was no doubt amplified as it occurred at a time when your father was grieving, having just learnt of his mother’s death.
71Whilst you were on remand at Barwon for the arson offending, you assaulted two prison officers. It is clear that your offending would have had a significant impact on each of the officers involved, and I have already referred to the devastating impact upon Mr Laurie.
72The maximum penalty for both the charge of recklessly cause injury and the assault upon a custodial officer is five years' imprisonment. In addition, to recognise the seriousness with which the community views assaults on those in professions such as custodial officers, emergency workers and police, Parliament has designated the charge of recklessly cause injury when the victim is an emergency worker as a category 1 offence.
73The impact of this designation is that pursuant to s5(2G) and s5(2GA) a term of imprisonment must be imposed for this offence. Further, pursuant to s10AA(4) of the Sentencing Act the court must impose a term of six months' imprisonment unless the court finds under s10A that a special reason exists.[3] Upon finding a special reason exists, the court is not bound to impose the minimum mandatory term of imprisonment and can impose any term it considers appropriate. If the court finds that under s10A(2)(c)(i) that a special reason exists, the court can impose a mandatory treatment and monitoring order pursuant to s44A of the Sentencing Act.[4] I sought further submissions from counsel as to the operation of this aspect of what is a complicated sentencing exercise, after the plea had concluded. I was helpfully provided with joint submissions from counsel which were instructive and I commend counsel for their collaboration and assistance.
[3] Sentencing Act 1991 (Vic) s10AA(4).
[4] Ibid s 44A.
Category 1 offending
74As to the issue of special reasons, your counsel Mr De Witt submitted the court should be satisfied on balance that the exceptions in s10A(2)(c)(i) and 10A(2)(c)(ii) have application in your case.[5] Section 10A(2)(c)(i) provides that at the time of the offending you had impaired mental functioning which was causally linked to the commission of the offence to substantially and materially reduce your moral culpability or, s10A(2)(c)(ii) applied, and that is your impaired functioning means you would be subject to substantially and materially greater than ordinary burdens or risks of imprisonment.
[5] Ibid s10A(2)(c)(i) and 10A(2)(c)(ii).
75The prosecution through Ms Goding did not dispute this submission.
76I find on balance, based on the unchallenged evidence of Dr Trainor contained in his report of 15 April 2025, that a special reason does exist in your case. I find that pursuant to s10A(2)(c)(i) that at the time of the offending you had impaired mental functioning which was causally linked to the commission of the offence to substantially and materially reduce your moral culpability.
Deferral of sentence
77When you first pleaded guilty to the arson indictment in April 2024, your counsel submitted the court should impose a community correction order. It was my view at that time you would struggle with such an order. You had been in very restrictive and isolated conditions in custody, you had no support in the community, no home, a past history of alcohol and drug abuse and likely an untreated and serious mental illness. In the circumstances I requested the County Court CISP team assess you with a view to placing you on a deferral of sentence. You were initially assessed as unsuitable in May 2025. CISP were concerned they would not be able to mitigate the risk given your mental health presentation.
78Your lawyers contacted Forensicare, and you were assessed by a psychiatrist through the trap door of your cell. This psychiatrist formed the impression that apart from some paranoia that did not impact your functioning, you did not elicit symptoms of mental illness. Further, the psychiatrist was not convinced that you suffer a delusional disorder. However, they conceded that possible isolation may adversely impact you. It was the view of this psychiatrist that you did not have a diagnosable mental illness.
79CISP re-assessed you in light of my indication that I would defer sentence and release you on bail with the condition you comply with the CISP program. During the re-assessment, Ms Mladenovic collaborated with you to devise your treatment plan. Your CISP plan was focused on three primary areas, mental health, AOD and housing. Given the reservations of the CISP team as to the risk, the review period was set for two weeks.
80After five plea hearings, you were released on deferral of sentence with CISP bail on 1 July 2024. The deferral of sentence was opposed by the prosecution. You were reviewed by the court on ten occasions over what became a 12 month deferral period. Initially, you were overwhelmed with the transition into the community but over time you settled and your participation has been excellent.
81Soon after your release, you attended your GP and several scans, tests, a mental health care plan and referral to Inner West Adult Area Mental Health Service were completed. Unfortunately, your referral to the area mental health service was rejected. Ms Bojana Mladenovic, the CISP clinical lead, contacted the Inner West Adult Area Mental Health Service a few weeks later on 26 July 2024. This referral was accepted, and the triage had a good conversation with you and referred you to Waratah Clinic for follow up. Since this time you have engaged with case manager Ms Morgan Gould. You commenced depot medication, an antipsychotic Paliperidone 100 milligrams. Despite your ambivalence and many discussions you ultimately made the choice to commence and continue with the medication recognising that you needed to try something different.
82You have worked consistently with Ms Gould since that time. A diagnosis of schizophrenia was confirmed and your medication regime was altered to a depot injection every three months of 350 milligrams of Paliperidone TRINZA. This treatment has had made a visible and significant difference to you.
83Given your history of alcohol and substance abuse you were referred to CISP senior AOD counsellor David Arthur. You engaged positively with Mr Arthur and have made significant changes and inroads in this area. You have reportedly been largely abstinent and participated to a moderate degree in AOD treatment. Mr Arthur recognised that stabilisation and treatment for your mental health was a priority and so allowed space for that to occur. It is his opinion that you may benefit from deeper therapeutic intervention to complement your identified psychosocial needs. Mr Arthur opined that you remain committed to addressing your challenges and your engagement and progress in recovery are commendable.
84The third area of your CISP plan was to focus on housing. To this end you were referred to The Salvation Army for assistance and commenced working with Michelle Grigoriadis. You were initially placed in emergency accommodation, firstly at Punthill Apartments and then later at Quest in Docklands, where you resided for the majority of your CISP episode. In March 2025 you were successful in securing and moving into long term housing through DFFH in Balwyn. Ms Grigoriadis assisted you to secure furniture and other essentials and assisted you with signing the lease and having utilities connected. Ms Grigoriadis has been an indispensable part of the care team and I understand that both you and the CISP team are very grateful for her involvement.
85During the deferral period you have been able to reconnect with your sister and mother and you have also had some casual employment. Importantly, you have consistently expressed your gratitude to the CISP team and those who have been helping you. I consider that your progress on the CISP program has been life changing. I commend you on your commitment and your demonstration of reform. Your performance on CISP and your engagement in treatment has provided the court with confidence that you will be able to abide by a community–based disposition.
86I take into account, in your favour, the significant progress you have made on the deferral of sentence and your engagement in the CISP program.
Sentencing principles
87The basic purposes for which a court may impose sentence are punishment, general and specific deterrence, rehabilitation, denunciation and protection of the community. In your case, each of these sentencing principles are applicable, although I have moderated general and specific deterrence in light of my findings as to your decreased moral culpability pursuant to the principles in Verdins. Protection of the community in the circumstances of your issues and your established prior offending remains a relevant consideration. I consider at this time it is best achieved by building upon the rehabilitation you have demonstrated over the last year.
88I take into account the sentencing guidelines referred to in s5 of the Sentencing Act,[6] where relevant to your case. In particular, I have had regard to the sentencing landscape for the offending before me, particularly the charge of arson and the reckless cause injury of an emergency worker. Ultimately, the sentencing exercise requires that I balance all relevant factors and make a judgment as to the appropriate sentence in the unusual and somewhat exceptional circumstances of your particular case.
[6] Sentencing Act 1991 (Vic).
89The principles of totality, proportionality and parsimony are also very important considerations here. They require me to make sure the total sentence is appropriate for the total criminality and I have taken these principles into account in fixing the individual sentences and the structure of the sentence I will now impose.
Disposition
90Mr Bogovic, you are convicted and sentenced as follows;
91On indictment P108540028
92On Charge 1 of arson, I sentence you to 436 days imprisonment.
93On Charge 2 of theft, I sentence you to seven days imprisonment, and this will be concurrent with the sentence on Charge 1.
94On the summary charge of trespass, I sentence you to 14 days imprisonment, and this will be concurrent with the sentence on Charge 1.[7]
[7]The prosecution drew the court’s attention to the fact that a sentence had not been imposed for the summary related offence of trespass and this penalty was added at the time of sentence.
95I declare that you have served 436 days by way of pre-sentence detention, and this is to be deducted from your sentence as time already served.
96On indictment Q11163040
97Charge 1, recklessly cause injury to an emergency worker on duty and, Charge 2, assault a custodial officer on duty, in relation to this indictment I impose a 12 month community correction order with the following mandatory conditions pursuant to s44A of the Sentencing Act. This order will commence today, and the conditions of this mandatory treatment order include:
(a) supervision;
(b) 100 hours of community work and I will offset the entire amount against rehabilitative programs as allowed by s48CA of the Sentencing Act;
(c) assessment and treatment for alcohol and drug abuse;
(d) assessment and treatment for mental health issues; and
(e) judicial monitoring, so that is, you must appear back before me from time to time so that I can monitor your progress. The first of these will be on 17 December 2025 at 9.30 am.
98In addition to the conditions that I have imposed, there are standard conditions that you must comply with. The most important of these is that you are not to commit another offence punishable by imprisonment for the period of the order, which is 12 months. You need to report within two working days to your nearest Corrections office, which is Ringwood Community Correctional Services.
99You are required to advise your supervising Corrections officer of any change of address where you are living or working within two clear working days. It is also a term of all community correction orders that you must submit to visits as directed and obey the instructions and directions of the Corrections officers and you cannot leave the State of Victoria without prior permission.
100Mr Bogovic, if you re-offend you will breach the corrections order and if you do not comply with either the special conditions or the standard conditions you would breach the order, and if you do that you will come back before me and you may be re‑sentenced in relation to the original charges. I think you have been through that process before so you know what is involved if that happens.
101I can only place you on a correction order if you agree. So first of all, do you understand what is involved in the order?
102OFFENDER: Yep.
103HER HONOUR: You are nodding your head. Do you consent to such an order?
104OFFENDER: Yep.
105HER HONOUR: So we will get the order drafted up, if it has not been already and we will print it out and get you to sign it, okay.
106Can I just thank CISP for taking on Mr Bogovic's case particularly when you had the reservations that you had, and can I thank everyone that was involved and, Bojana, if you can pass that on and Michelle, David and I am sure – and I know that Mr Bogovic has repeatedly expressed gratitude, but the court does as well and I do consider it to be life changing and I hope that, Mr Bogovic, you continue on in the way that you have been going. So I will see you from time to time and check in and make sure that things are going okay.
107In terms of s6AAA in relation to the arson indictment, which is the sentence I would have imposed had you pleaded not guilty, I would have imposed a sentence of 26 months with a non–parole period of 15 months.[8]
[8]Revised at sentence upon the request of the prosecution the original s.6AAA declaration announced was invalid being shorter than the sentence imposed.
108HER HONOUR: All right, so thanks very much to counsel. You have been of incredible assistance the whole way through so, thank you, and thanks for the most recent collaborative submission, that was really helpful.
109So, Mr Bogovic, good luck with the order and I will see you in December.
110OFFENDER: Thank you.
111HER HONOUR: Okay, and to Mr Laurie and Mr Kirkwood hopefully, they can put this behind them now and move on, I wish them, all the best in the future.
112We will adjourn.
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