Director of Public Prosecutions v Helmore

[2025] VCC 723

IN THE COUNTY COURT OF VICTORIA

AT SHEPPARTON

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

Case No. CR-25-00470

DIRECTOR OF PUBLIC PROSECUTIONS

v

BRENDAN HELMORE

---

JUDGE:	HER HONOUR JUDGE HARPER
WHERE HELD:	Shepparton
DATE OF HEARING:	28 May 2025
DATE OF SENTENCE:	5 May 2025
CASE MAY BE CITED AS:	DPP v Helmore
MEDIUM NEUTRAL CITATION:	[2025] VCC 723

REASONS FOR SENTENCE
---

Subject:CRIMINAL LAW - SENTENCE

Catchwords:              Intentionally causing a bushfire, possess drug of dependence.

Legislation Cited:      Sentencing Act 1991 (Vic) ss 18; 6AAA

Cases Cited:R v Verdins [2007] VSCA 102, Boulton v The Queen [2014] VSCA 342, Morgan [2016] VCC 939, DPP v Kingston [2018] VCC 1310.

Sentence:                  236 days imprisonment in combination with an 18-month Community Corrections Order.

---

APPEARANCES:	Counsel	Solicitors
For the DPP	Mr D. O’Doherty	Ms A Hogan, Solicitor for Public Prosecutions
For the Accused	Mr A. McLennan	VLA Melbourne

HER HONOUR:

1.Brendan Helmore, you have pleaded guilty before me to one charge of intentionally causing a bushfire and one charge of possessing a drug of dependence.

2.The maximum penalty for intentionally causing a bushfire is 25 years' imprisonment. For possession of a drug of dependence, not for the purposes of trafficking, the maximum penalty is one year imprisonment.

Circumstances of offending

3.The circumstances of your offending were outlined in the Summary of Prosecution Opening for Plea dated 5 May 2025. I shall summarise those circumstances here.

4.By way of relevant background, on 18 January 2024 you boarded a flight to Western Australia. During your flight, you began to experience delusions whereby you believed that there was something in your belongings.

5.Upon your arrival at Perth Airport, you did not board your connecting flight. You left your belongings at the airport and spent the night in bushes. You returned to the airport the next day looking for your bags.

6.You were later found by police, who had received a missing person's report. You were put on a plane and sent back to Melbourne. Your episodes continued and you reported being abused by demons.

7.You were placed on antipsychotic mediation but ceased taking it in mid-late March 2024 due to the unpleasant side effects.

8.In relation to the offending on the indictment, on 29 March 2024, you arrived at the Ulupna Island camping site and set up a camp on the reserve track.

9.During this Easter weekend, there were approximately 2,000 members of the public camping on Ulupna Island.

10.You remained at the camp site overnight, consuming an unknown quantity of methylamphetamine during the course of the evening.

11.The following day, being 30 March 2024, at approximately 12:00 pm, you went for a walk in the bushland area near your campsite. You became distressed and delusional. You believed that you were lost, over-heating and extremely dehydrated. You were unable to locate any water to hydrate yourself and feared for your life.

12.You continued to walk through the bushland attempting to locate your vehicle. It was at this point that you saw an aircraft flying over the area above you.

13.In an attempt to get the aircraft's attention, you used a black lighter and commenced setting fire to bushland as you were walking. You set between 33 and 37 fires. This conduct gives rise to Charge 1, intentionally causing a bushfire.  

14.At approximately 12:30 pm, witnesses observed the fires in bushland south of the reserve track. This was approximately one kilometre southwest of another person's campsite.

15.Several witnesses attempted to extinguish the fire before observing multiple fires within the surrounding area. Emergency services were contacted.

16.You returned to your vehicle and remained at the campsite. You were observed by witnesses acting erratically.

17.At approximately 3:29 pm, you were located at your vehicle by police. You were shirtless, wearing only jeans. You informed police that you had set the fires to get assistance from an aircraft in the sky.

18.At approximately 3:50 pm, you were arrested and transported to Cobram police station. Upon your arrest, police located a black lighter and two bags of clear crystal-like substances believed to be methylamphetamine. This conduct gives rise to Charge 2, possession of a drug of dependence.

19.No forensic medical assessment was undertaken, and you were interviewed by police.  At your interview later on 30 March 2024, you told police that,

(a)   The reason you lit the fires was because you were dehydrated and thought you were going to die.

(b)   You used leaves and a cigarette lighter to light the fires.

(c)   You were aware of what you were doing. That lighting fires would make people find you.

(d)   You had methylamphetamine and a pipe in your pocket when you were arrested.

(e)   You did not try and put any of the fires out, and you continued to light fires because the first one did not get the attention of the plane.

(f)    You knew there would have been thousands of people nearby and that you ultimately put them at risk.

20.You provided a sketch of your walking route and the locations you walked past to police.

21.Once extinguished, it was apparent that the size of the fires ranged from 0.0006 to 1.24 hectares. It took approximately 33 CFA units, alongside Forest Fire Management Victoria, approximately four hours to bring the fires under control. It took approximately seven days for the area to be rendered safe for public use.

Objective gravity of offending

22.This was serious offending given the sheer number of fires you lit and their close proximity to a large number of campers on a busy public holiday weekend.  

23.Fortunately, there was not a great deal of wind on the day, despite warm temperatures, and members of the public were able to obtain help from the CFA quickly. 

Plea of guilty

24.The parties agree that your plea of guilty was entered at the earliest opportunity given the initial need to obtain reports. This has significant utilitarian benefit. You have saved the court and the community the time and expense of running a trial and spared the witnesses the ordeal of giving evidence.  In those circumstances, you have facilitated the administration of justice, and you are entitled to a benefit for that.

25.You have also accepted responsibility for your offending from the outset, cooperating with police during your record of interview and making full admissions to your conduct.

Personal circumstances

26.I turn now to your personal circumstances

27.You are 45 years of age, having been born in January 1980. You are the eldest of three children and have two younger sisters. Your parents separated when you were aged 25, however you have their ongoing support and that of your siblings.

28.You left school during Year 11. At the age of 18 you started working in factories before commencing work in mining. You worked in five mining companies in various positions. Your most recent employment was at MSD Mining in Western Australia for a period of seven years as a production driller. You have not worked since your discharge from the Northern Hospital in January 2024. 

29.You suffered a significant head injury at work in 2017. You were hospitalised and underwent surgery. You initially experienced memory loss and were unable to work for several months

30.Your first use of methamphetamine was at the age of 25. You have not had any alcohol related issues but used methylamphetamine and cannabis on a monthly basis. You were subject to strict drug testing while working at the mines and did not fail any drug tests during your employment.

31.You have never been married, however you have had several long-term relationships. Your most recent relationship was for a period of five years, and ended in late 2023, just prior to the deterioration in your mental health. You had not previously experienced any significant medical issues.

32.After the January 2024 incident in Perth, your family took you to Northern Health. You were admitted on 22 January 2024 with psychotic symptoms, before being discharged on 24 January to Bendigo Area Mental Health Service for support and referred to your GP.

33.At the time, you were prescribed the antipsychotic Lurasidone and antianxiety medication Diazepam.

34.I received a psychiatric report from consultant forensic psychiatrist Associate Professor Rajan Darjee dated 11 November 2024.

35.Associate Professor Darjee diagnoses you with schizophrenia with the onset in the latter months of 2023, partial response to treatment in January and February 2024, symptoms returning in March after cessation of medication and a resolution of symptoms by May 2024.  

36.Your psychosis may be due to either your significant brain injury or schizophrenia, but the consequences are the same. Associate Professor Darjee rules out drug induced psychosis.

37.Significantly, Associate Professor Darjee opines that 'although at the time of the alleged offences [you] knew the nature and quality of [your] conduct, [you] did not know that the conduct was wrong, in that you could not reason with a moderate degree of sense and composure about whether the conduct, as perceived by reasonable people, was wrong'.

38.This may have left open to you a defence of mental impairment. 

39.Since your offending you have remained on your anti-psychotic medication and this has kept your symptoms at bay. You have reportedly used methylamphetamine once since your release from custody but are largely abstinent.

40.Since your release you have continued to live independently in the community.  You have regular contact with your family and friends. You maintain contact with your GP but have found psychiatric assistance cost prohibitive.    

Sentencing principles and considerations

41.Mr Helmore, your offending arose in the context of you ceasing your anti-psychotic medication. It was a new diagnosis and the first time you had ceased your medication. You also chose to use methylamphetamine, albeit a small amount, but I accept your psychosis was not drug induced.

42.Your counsel submitted that the R v Verdins [2007] VSCA 102 principles apply in your case. Based on Associate Professor Darjee's report, I accept that your moral culpability should be moderated to a significant extent. You were experiencing a psychotic episode and genuinely believed that you needed to attract the attention of the plane overhead by lighting the fires. As such, you are not an appropriate vehicle for specific or general deterrence, and I moderate the sentence accordingly.

43.I further moderate the sentence according to limb 5, that imprisonment would be harder for you than for someone in normal health. There is no evidence to suggest your condition would worsen in custody as per limb 6.

44.You have a minor criminal history with two prior offences, both having occurred when you were 18. They are unrelated to the matters currently before the court.

45.Your prospects of rehabilitation are entirely dependent on you continuing to take your medication. You presently understand that it is necessary and have now been compliant with the medication regime for some time. 

46.Protection of the community is relevant to offending such as this, however I note that should you continue to take your medication the risk is minimal. As your counsel submitted, the community is best protected by your continued engagement with mental health services. 

Submissions

47.Mr McLennan, appearing for you, submitted that I should impose a combination sentence upon you, consisting of time already served in custody and a Community Corrections Order.

48.It was submitted on your behalf that Boulton v The Queen [2014] VSCA 342 emphasises that the punitive, deterrent and denunciatory purposes of sentencing can be achieved by combination sentences, particularly when directed at rehabilitation of an offender.

49.Mr McLennan also provided the court with two County Court sentences by way of comparable cases, namely Morgan [2016] VCC 939 and DPP v Kingston [2018] VCC 1310. Morgan in particular has parallels to your case, whereby the offender was suffering a deterioration in schizophrenia in combination with drug use.

50.Mr O'Doherty, for the prosecution, took no issue with the defence submissions and agreed with the disposition sought. 

51.I had you assessed for a community correction order which found your risk of reoffending to be medium as it is dependent on your mental health stability. 

Disposition

52.Mr Helmore, would you please stand.

53.On Charge 1, intentionally causing a bushfire, you are sentenced to 236 days' imprisonment in combination with a community corrections order.

54.On Charge 2, possessing a drug of dependence, you are sentenced to two months' imprisonment.

55.I direct that the sentence on Charge 2 be served concurrently with the sentence on Charge 1. 

56.I direct that the community corrections order be with conviction and run for a period of 18 months.

57.You are to comply with the core conditions of the order, being that:

·        You must not commit another offence punishable by imprisonment during the period of the order.

·        You must comply with any obligation or requirement prescribed by the regulations.

·        You must report to, or receive visits from, the Secretary during the period of the order.

·        You must report to the Bendigo Community Corrections Centre within two working days of today.

·        You must notify the Secretary of any change of address or employment within two clear working days after the change.

·        You must not leave Victoria except with the permission of the Secretary.

·        You must comply with any direction given by the Secretary that is necessary for the Secretary to give to ensure that you comply with the order.

58.In addition, you are to comply with the following special conditions:

·        You are to undergo assessment and treatment for drug use.

·        You are to undergo assessment and treatment for your mental health.

·        You are to undergo programs to reduce reoffending.

·        You are to be subject to supervision.

59.Do you consent to that order being made?  Thank you.

60.I declare that pursuant to s18 of the Sentencing Act 1991, you have served 236 days by way of pre-sentence detention.

61.I grant the disposal order sought by the prosecution.

62.Pursuant to s6AAA of the Sentencing Act 1991, I declare that had you not pleaded guilty the sentence I would have imposed would have been a total effective sentence of two years and three months' imprisonment with a non-parole period of 18 months.

63.Would you please sign the community corrections order.  Mr McLennan, you can assist Mr Helmore.

64.MR McLENNAN:  Thank you, Your Honour.

65.HER HONOUR:  Thank you Mr Helmore, you may be seated.

66.Is there anything further, Mr O'Doherty?

67.MR O'DOHERTY:  No, Your Honour, thank you.

68.HER HONOUR:  Mr McLennan?

69.MR McLENNAN:  Nothing further, Your Honour.

70.HER HONOUR:  Thank you for your assistance with the circuit, Mr O'Doherty, and thank you for your attendance today, Mr McLennan.

71.COUNSEL:  As Your Honour pleases.

72.HER HONOUR:  We'll adjourn.

- - -