Director of Public Prosecutions v Hodkinson

[2014] VCC 513

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

AT WARRNAMBOOL
CRIMINAL JURISDICTION

CR 13-01714

DIRECTOR OF PUBLIC PROSECUTIONS

v

CHLOE HODKINSON

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JUDGE:	HIS HONOUR JUDGE GRANT
WHERE HELD:	Warrnambool
DATE OF HEARING:	3 April 2014
DATE OF SENTENCE:	3 April 2014
CASE MAY BE CITED AS:	DPP v Hodkinson
MEDIUM NEUTRAL CITATION:	[2014] VCC 513

REASONS FOR SENTENCE
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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr M O'Doherty	OPP
For the Accused	Mr M Turner	Dwyer Robinson

HIS HONOUR: 

1Chloe Hodkinson, you have pleaded guilty to one charge of arson.  The maximum penalty for this offence is ten years imprisonment.

2I have heard a summary of your offending.  I do not intend to repeat the summary.  It will be attached to my sentencing remarks as Exhibit A. 

3Briefly, your father owns a house at 74 King Street, Hamilton.  Prior to 23 October 2011, you had been living in that house.  You were asked to vacate the property due to a pending family law property settlement, involving your father and his partner. 

4On 23 October 2011, you and the co-accused, Simon Cross, were finalising your move from the house.  After visiting a neighbouring property for drinks, you returned to the house and became involved in an argument with your father, who was visiting the property. 

5

You and the co-accused returned to the neighbouring property.  You were angry with your father.  The co-accused suggested setting fire to the house.  You agreed with this suggestion.  That night you returned to your father's house with the co-accused.  You went to the back of the house and the

co-accused entered through the rear sliding door.  He lit the base of a curtain with a lighter.  You did nothing to stop him.  You both then left the house and made your way to the neighbouring property. 

6Your father's house was extensively damaged.  $165,705 is sought by way of compensation.  I have read the victim impact statement provided by your father.  He has suffered from depression, sleeplessness, and nightmares.  He has become hypervigilant and finds it difficult to return to Hamilton.  Financially the impact has been severe.  Because of some dispute with the insurance company, your father has to bear the costs of the damage.

7Ms Hodkinson, this is serious offending.  It is common for people who engage in this sort of behaviour to receive a sentence of imprisonment.  Indeed your co-offender was sentenced to two years gaol, with 12 months to serve before being eligible for release on parole.

8Notwithstanding the serious nature of your offending, I have determined that you should be released on a Community Corrections Order.  I have come to this conclusion for the following reasons: 

9First, you have no prior criminal history. 

10Secondly, at the time of the offending, you were emotionally vulnerable.  You were a single mother whose living circumstances were very unsettled.  It appears you were drinking heavily.  You were associating with the co-offender.  He was a man who was older than you.  Unlike you he had prior criminal history, including prior convictions for criminal damage.  It was his suggestion to burn down the house.  You agreed.  You had both been drinking on the day and were affected by alcohol.  The offending was spontaneous, not well planned.  These matters do not excuse your behaviour, however they do explain why a young woman, who had never been in trouble before, would suddenly breach the law in this significant way.

11Thirdly, you have pleaded guilty to the offence.  The plea has come late in the day.  Even so it saves witnesses from the trauma of giving evidence, and it saves the time and the costs involved in a criminal trial.  You are entitled to some benefit for your plea of guilty. 

12

Fourthly, at the time of the offending you were a 23 year old young woman.  Given your young age at the time of the offending, rehabilitation is an important sentencing consideration.  There has been no further offending over the past two and a half years.  You are now in a stable relationship with

Mr Milton.  You are supporting two children, Mr Milton's ten year old son and your six year old daughter.  You are supported by Mr Milton's mother, your own mother and your sisters.  You are expecting another child in October this year. 

13You are endeavouring to improve your relatively modest level of education.  In 2013 you commenced an adult education course.  It will be completed in May this year.  A positive reference has been provided by your teacher.  You have also completed a course in the responsible service of alcohol program, conducted under the authority of the Commission for Gambling and Liquor Regulations.  I am satisfied that you are an excellent prospect for rehabilitation.

14Finally there are compelling reasons why it is appropriate for your order to be different to the order of your co-offender.  He had relevant and significant  prior convictions, you have none.  He pleaded guilty to three charges of arson and one charge of theft.  You have pleaded guilty to one charge of arson.  Specific deterrence was important in his case because of his willingness to commit offences of arson.  In addition, it was his idea to burn the house, and he was the person who entered the house and lit the curtain.

15Ms Hodkinson, you will be convicted and released on a Community Corrections Order for a period of 24 months, with the following special conditions: 

16That you be under supervision for the period of the order;

17That you perform 150 hours of community work;

18That you undergo assessment and treatment, including testing for alcohol abuse and dependency, as directed.  And that you undergo mental health assessment and treatment as directed;

19You are required to attend the Warrnambool Community Corrections Service before 4 pm tomorrow. 

20Had you been found guilty after trial, it is likely that I would have sentenced you to a term of 12 months imprisonment, with a minimum of three months to be served before being eligible for release on parole. 

21I order that you undergo a forensic procedure for the taking of a scraping from your mouth. For the purpose of undergoing that procedure, you must report to the officer in charge of the Warrnambool Police Station, during the four week period commencing 28 days after today's date. If you fail to co-operate in the taking of the sample, the police may use reasonable force to obtain it. This order is made pursuant to ss.464ZF(2) and 464ZF(2)(a) of the Crimes Act 1958. I make the order for the following reasons: the seriousness of the offending; the order is in the public interest; and the order is consented to.

22I order you pay compensation to David Hodkinson, in the sum of $165,705. 

23I also intend to return to you the document which is Exhibit 2, namely the ultrasound photograph that has been tendered, and we will also make copies of Exhibit 3 and return those two documents to you in their original form.

24Yes, thank you, you can be seated there. 

25MR TURNER:  Your Honour, I have copies that can be put on the court file.

26HIS HONOUR:  Sorry, what is that, sorry?

27MR TURNER:  I have copies of the exhibits that - - -

28HIS HONOUR:  Oh, all right.  Well we've made copies anyway, so - - -

29MR TURNER:  Oh all right.

30HIS HONOUR:  So thank you, but I just thought that if your client's looking for employment, she might need the originals.

31MR TURNER:  Yes, she did make that request of me to ask.

32HIS HONOUR:  That is all right.  Yes, now, Ms Hodkinson, you can step down from the dock. 

- - -

Exhibit A:

Court Reference:  CR-13-01714

Indictment No:     D11540407

IN THE COUNTY COURT OF VICTORIA

AT WARRNAMBOOL

CRIMINAL JURISDICTION

IN THE MATTER OF Section 182 of the Criminal Procedure Act 2009

THE DIRECTOR OF PUBLIC PROSECUTIONS

v.

CHLOE NICOLE HODKINSON

SUMMARY OF PROCUTION OPENING

Date of document:

2 April 2014

Filed on behalf of:

The Director of Public Prosecutions

Prepared by:

CRAIG HYLAND

Solicitor for Public Prosecutions

565 Lonsdale Street

Melbourne  Vic 3000

Solicitor’s code:   7539

Telephone :   [phone]

Direct: 5215 6712

Reference:     J Devrome

Background

1. The accused is Chloe Hodkinson.  She was born on 25 December 1987 and at the time of the offending  was 23 years old.
2. The co-accused is Simon Cross.  He was born on 7 February 1982 and at the time of the offending was 29 years old.
3. Simon Cross pleaded guilty to one charge of criminal damage by fire (arson) in relation to this matter and was sentenced by the County Court in Geelong on 22 March 2013.
4. The property at 74 King Street, Hamilton (“the house”) belonged to David Hodkinson, who is the father of the accused.

5. Prior to the arson being committed the accused had been living alone in the house for a couple of months however had been asked to move out due to a pending family law property settlement.

Criminal damage by fire (arson)

6. On the 23rd of October 2011 the accused was at the house finalising her move from the premises.  Simon Cross was with her. During the day the accused burnt unwanted items on a small fire in the backyard including a couch.
7. After the accused had finished for the day she left the premises and attended a neighbouring property for drinks.  Simon Cross attended the drinks a short time later.
8. During the course of the evening David Hodkinson visited the house and the accused and Simon Cross returned to the house. An argument took place between the accused and David Hodkinson at the house in relation to the state of the house generally. Following the argument, the accused and Simon Cross both returned to the neighbouring property, while David Hodkinson returned to Melbourne.
9. The accused was upset with her father at this point in time and Simon Cross suggested setting fire to the house on their way back to the neighbouring property.  The accused agreed.
10. .Later in  the evening the accused and Simon Cross went back to the house.
11. The accused and Simon Cross walked to the back of the house
12. Simon Cross entered the house through an unlocked rear sliding door and lit the base of a curtain within the premises to the right of the door with a lighter. The accused did nothing to prevent Simon Cross lighting the curtain.
13. The accused was standing behind Simon Cross at this point in time. Once the curtain had ignited the accused and Simon Cross left the house and went back to the neighbouring property. 
14. As a result the house was extensively damaged by fire. The rear living room, laundry and toilet sustained the greatest damage. The fire had spread through the roof across the beams and fire fighters had to remove the plaster to extinguish the fire. The eastern half of the living room sustained fire damage to the timber wall linings, exposed timber wall frames and to the roof timbers. The kitchen, bathroom and western bedroom sustained minor burning and moderate heat damage as a result of the fire spreading through the kitchen door and the upper walls and roof space from the living room. The hallway and two front bedrooms sustained upper level heat damage and sooting.
15. The accused participated in a record of interview on 22 November 2012.  S he denied being involved in the offending.

______________________________

TRIAL PROSECUTOR