Director of Public Prosecutions v Hubbard

[2018] VCC 760

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

AT LATROBE VALLEY
CRIMINAL JURISDICTION

CR-17-00624

DIRECTOR OF PUBLIC PROSECUTIONS

v

HAYDEN ADRIAN HUBBARD

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JUDGE:	HIS HONOUR JUDGE SMALLWOOD
WHERE HELD:	Latrobe Valley
DATE OF HEARING:	24 May 2018
DATE OF SENTENCE:	25 May 2018
CASE MAY BE CITED AS:	DPP v Hubbard
MEDIUM NEUTRAL CITATION:	[2018] VCC 760

REASONS FOR SENTENCE
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Cases Cited:
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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms J. Warren	Office of Public Prosecutions
For the Accused	Ms K. McFarlane	McFarlane Criminal Lawyers

HIS HONOUR: 

1Hayden Adrian Hubbard, you have pleaded guilty to one charge of recklessly causing a bushfire.  That crime carries a maximum penalty of 15 years' imprisonment.  You are 20 years of age and were 18 years of age at the time of the offending.  You pleaded guilty at a reasonably early opportunity and must get the benefit of that.  You must also of course get the utilitarian benefit of that plea of guilty.

2You do have a prior conviction for arson. That is of some concern and I am taking what is put before me here today on face value and I am assuming there must be an element to that that had the matter brought to this jurisdiction. Pursuant to s.464ZF of the Crimes Act, I make an order that you provide a saliva sample for DNA purposes.  I must advise you that should you refuse to provide such a sample, police may use reasonable force to take it from you and Ms McFarlane will explain to you how to go about that.

3The summary of the offending is that on 9 February 2016, you and another young person who was 17 and has been dealt with in the Children's Court bought two packets of sparklers and made a sparkler bomb.  The two of you took it to the wetlands in Wonthaggi and ignited it.  It exploded to a degree that you clearly did not expect.  A piece of shrapnel caused a fire to commence and an area of three metres by roughly two metres of ground and a bracket of fern leaves was burnt.  I notice that there was an eyewitness who sees you throwing something onto the fire and I accept that it was probably you and your co-accused trying to put it out by throwing dirt onto it.  In any event, you were able to extinguish it.  The fire brigade came from everywhere it seems to put out this inferno and it is a real public nuisance, this sort of conduct. 

4This crime can be very serious indeed.  You were 18 at the time.  Subsequent to that, you have formed a relationship.  You now have a child.  You were endeavouring to get work and your prior history was a little bit concerning because of the nature of it is certainly not what one would describe as long. 

5In all those circumstances, it is my view that whilst obviously general deterrence and specific deterrence have to play a part, it is not the worst example of arson that I have seen and accordingly, I think the appropriate disposition is that you be fined, bearing in mind your age and whilst it does not make a lot of difference anymore these days, I think it is a situation where it can be without conviction.  So it will be a significant fine for you of $500 without conviction. 

6As I understand it now, ladies, I do not put timeframes on it?

7MS McFARLANE:  No.

8HIS HONOUR:  I don't give stays, it's all worked out with ‑ ‑ ‑ 

9MS McFARLANE:  Fines Victoria.

10MS WARREN:  Yes, that's right.

11HIS HONOUR:  Right, so it will just be without conviction.

12MS McFARLANE:  Thank you, Your Honour.

13HIS HONOUR:  There's no other orders I need to make?

14MS McFARLANE:  No, Your Honour.

15MS WARREN:  No.

16HIS HONOUR:  No, all right.  All right, yes, thanks for that, Ms McFarlane.  Yes, thanks, Ms Warren.

17MS McFARLANE:  Thank you.

18MS WARREN:  Your Honour pleases.

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