Director of Public Prosecutions v Quinton

[2017] VCC 1472

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 17-01252

DIRECTOR OF PUBLIC PROSECUTIONS

v

JASON QUINTON

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JUDGE:	HIS HONOUR JUDGE MONTGOMERY
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	13 October 2017
CASE MAY BE CITED AS:	DPP v Quinton
MEDIUM NEUTRAL CITATION:	[2017] VCC 1472

REASONS FOR SENTENCE
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Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr P. Bourke
For the Accused	Ms C. Woodward

HIS HONOUR: 

1Jason Scott Quinton, you have pleaded guilty to one charge of arson.  Just before go on - Mr Bourke, I have got a victim impact statement.  Was that here before because it does not have an exhibit number?

2MR BOURKE:  The short answer, Your Honour, is - depending on which one it is, it was not there before.  There is one by - in the name of Elsa Currie?

3HIS HONOUR:  That is it.

4MR BOURKE:  Is it?  I am sorry, Your Honour, it does need to be tendered, yes.

5HIS HONOUR:  Yes, well I will make that Exhibit 2, victim impact statement which I have read.  Thank you. 

6As I was saying, Mr Quinton, you have pleaded guilty to one charge of arson.  The facts of the matter are set out in the prosecution summary which is Exhibit 1.  Your counsel does not disagree with that summary.  I will not repeat the facts in any great detail.  Any reader of these reasons can refer to that exhibit to the place the sentence in its full factual context.

7Briefly stated, on 6 February 2017 at 5 pm you were at your residential address at Unit 2, 38 Dover Street Wendouree when, as a result of a number of things, you lit a fire in the unit and damage was caused.  In your record of interview you said that you were in your bedroom, there was a suitcase of open clothes at the foot of bed.  You picked up tracksuit pants from the suitcase, used a cigarette light, held a flame to the trouser leg causing it to catch fire, dropped the pants into a suitcase causing the contents of the suitcase to catch fire and the fire spread.

8The prosecution in their summary accepted that as not inconsistent with the findings of the crime scene investigation examiner.  The damage in the flat, according to the investigator, was not consistent with a substantial amount of flammable liquid in the bedroom or anywhere in the unit.  Apparently, according to what you said to the psychologist, you were listening to some pop singer who was getting into your mind something about lighting a fire.

9I have read the tendered victim impact statement and taken its contents into account.  Of course, it was a very frighting incident for the maker of that statement, Elsa Joyce Currie who was a neighbour of yours.

10In mitigation, your counsel relied on a number of factors:  (1), you have entered an early plea of guilty that is an acceptance of responsibility by you of your behaviour and have saved the community the time and expense of a jury trial and will be given the appropriate discount. 

11She submitted in relation to the offender, (2), that it was not a pre-planned incident and it was not motivated from greed or malice; (3), she relied on the case of Verdins to reduce your moral culpability and the need for general and specific deterrence.  In support of that, she tendered a report from Dr Best who is a consultant forensic psychiatrist.

12In that, the doctor set out that you are a 44 year old single man.  You have been on a disability support pension on the grounds of schizophrenia.  You have a 21 year history of schizophrenia and have been a patient of Ballarat Mental Health Services for much for that time and have required frequent admissions under the Mental Health Act, both as involuntary patient and as an inpatient.

13You have a long history of illicit substance abuse, including the drugs ice, cannabis and heroin.  At the time, you were being case managed by Ballarat Mental Health Services. 

14In the part of her report headed "Opinions and Recommendations", the doctor says that there appears to be a causal link between your impaired mental functioning and the offence.  Your poor mental health is exacerbated also by your illicit drug use.  She said that your poor mental health and psychotic symptoms at the time of the offence impacted deleteriously on your capacity to exercise appropriate judgment, make calm decisions and think clearly.  This is from the report of 29 July - two reports were tendered from her.

15She said you do not seem to appreciate the gravity of the offence and the consequences and your impaired mental functioning as a consequence of your schizophrenia and psychotic symptoms also means imprisonment may have the capacity to weigh more heavily on you than on a person who does not have those symptoms.

16In her first report, she set out your drug and alcohol history.  She also set out that you had a history of not taking the medications.  You have an ambivalent attitude towards ceasing the use of illicit drugs.  She said that it is imperative that you continue with current medication regime to ensure your recovery.

17She said your act of psychotic symptoms of paranoid delusions and auditory hallucinations at the time of the offence meant that you were unable to reason with any degree of sense and composure about the wrongfulness of your conduct. 

18I am satisfied that you have the requisite mental impairment and that it existed at the time of the offending and on the basis of the matters I have referred to in the doctor's report, realistic connection between the offending or the offending is causally linked to your mental impairment thus those sections of Verdins apply in my view. 

19Your mental health issues impaired your ability to make calm and rational choices or to think clearly at the time of the offence, thus your moral culpability, in my view, is reduced and as a consequence general and specific deterrence are also reduced.

20After considering all those matters, I asked for an extended pre-sentence assessment from the Department of Community Correctional Services in Ballarat.  I have received a very helpful report from Shanelle Veit and John Oro.  Did I give that a number?  No, we will give that Exhibit 3, that report which is dated 10 October 2017.

21There is an account given to the writers by you of your offending.  You are assessed on p.2 as being high risk of general re-offending.  It is said that your mental health appears to be exacerbated by your illicit drug use.

22It was confirmed by your history with Ballarat Community Health, there was a pattern of disengagement and a history of a drug use that you do not appear willingly to address.  There is an increased risk of recidivism if you do not adhere to your medication regime and they have concerns about the safety of the community which is a factor I have to take into account.

23They talk about him residing at Peplow House.  What happened to that idea, Ms Woodward?

24MS WOODWARD:  Your Honour, I understand that may have been suggested by Mr Quinton.

25HIS HONOUR:  All right.

26MS WOODWARD:  But that is not saying that I have not had any - I have not spoken to anybody from that particular facility.

27HIS HONOUR:  As it has been put in the plea, this morning, there is accommodation available for you at the place that is set out in the exhibit. 
If you do not have long term stable accommodation, that is a significant risk for you reoffending. 

28Ballarat Community Health have reported that compliance with depot medications appears to have been an effective treatment for you in the past and a protective factor that may reduce the likelihood of reoffending.  They conclude it is not without reservation that this service finds you suitable for the imposition of community corrections order with the following conditions, and they set out a number of conditions.

29In sentencing you, I am required to balance the interests of the community in denouncing criminal conduct, the interest of the community to seek to ensure as far as possible offenders are rehabilitated into society.  I express my denunciation of this behaviour.  It is a very serious matter to light a fire which puts other people at risk, not just property but other people. 

30The basis purposes for which a court may impose a sentence of punishment: general deterrence, specific deterrence, denunciation and protection of the community.  That last aspect has weighed heavily on my mind. 

31In sentencing you, I must have regard to a range matters such as the seriousness of the offending, your culpability for it and your personal circumstances and those of any victims.  Taking into account all the submissions made by both parties and in particular your early plea of guilty and the submission in relation to Verdins.

32I sentence you as follows:

33I sentence you to a term of imprisonment of ten months.  I declare that the time of 249 days that you have already served to be reckoned as part of the term of imprisonment I have just imposed. 

34I then put you on a community corrections order for a period of two years with conditions for supervision, treatment and rehabilitation for mental assessment and treatment.  You are being case managed by Ballarat Mental Health Services and you would be directed to continue your engagement with the Ballarat Mental Health by the corrections people. 

35A condition of treatment and rehabilitation for drugs including drug testing and you will be referred to what is called ACSO.  What is that, do you know,
Ms Woodward?

36MS WOODWARD:  No, Your Honour.  Australian - no, ACSO COATS but it is the assessment agency.

37HIS HONOUR:  For drugs?

38MS WOODWARD:  Yes.

39HIS HONOUR:  Yes, so you will be referred to another organisation in relation to your drug problems and you must attend for that.  I impose another a condition in relation to offending behaviour and also a judicial monitoring which will be 26 January of next year.  Mr Bourke, there is a 464ZF order I think?

40MR BOURKE:  Yes, Your Honour, that is correct. 

41HIS HONOUR:  Have I signed that already or not?

42MR BOURKE:  I don't believe so, Your Honour.  I have at my end unfortunately, a version of that order to be applicable if Mr Quinton was in custody.

43HIS HONOUR:  Well can you send to my associate the order for that that fits in with the sentence I have just imposed and I will sign it?  You don't object to it do you, Ms Woodward?

44MS WOODWARD:  No, Your Honour, no.

45HIS HONOUR:  In the next day or two?

46MR BOURKE:  Yes, Your Honour.  As I understand your sentence, Mr Quinton has a little bit more to serve, is that right.

47HIS HONOUR:  Yes.  He's done about eight months and he's got ten months so that's another two.

48MR BOURKE:  Yes.

49HIS HONOUR:  And then a two year CCO.

50MR BOURKE:  So I will email the 464ZF in custody version to your associate today. 

51HIS HONOUR:  All right, thank you.

52MR BOURKE:  Thank you.

53HIS HONOUR:  What that means, Mr Quinton, someone from the police force will come around and take a forensic sample from you for placement on a DNA database.  Pursuant to the order I have just made, if you decide you don't consent to it, reasonable force can be used to enable that procedure to be undertaken; do you understand that?

54OFFENDER:  Yeah.

55HIS HONOUR:  All right.  Just take a seat while the CCO order is prepared. 

(Audio malfunction 10:19:31-10:19:37)

56HIS HONOUR:  ‑ ‑ ‑ exactly what is in the order?

57MS WOODWARE:  Yes, Your Honour.

58HIS HONOUR:  I will explain it again to him.  What all this means is that after you've have done ten months, you are going to be released on a community corrections order.  You understand that?

59OFFENDER:  Yes.

60HIS HONOUR:  For two years.  Of course, you cannot reoffend.  Taking illicit drugs is reoffending; I know that comes as a shock to most people but it actually is a crime and that would breach the order.  And if you do not do any of the things that I said you must do, that is go to the services I have outlined for drug use, mental health and programs to reduce offending and turn up on 26 January in front of me, I will then have to think of something else to do with you.  Do you understand that?

61OFFENDER:  Yes.

62HIS HONOUR:  Well, there aren't a lot of choices left if you don't do those things.  Now, can I suggest to you that you continue on whatever medication you are currently on and that you when you are released, go to that address.  There is a bed available for you.  You have got to report to corrections within two days upon your release in Ballarat and do all the things they tell you to do.  Now it's not going to be easy but I am trying to ensure you don't reoffend and I am concerned about the protection of the community in case you do something like this again. 

63Now as I said, if you break any of the orders I've made, you will be back before me and you'll probably get a much longer gaol sentence.  Do you understand that?

64OFFENDER:  Yes, Your Honour.

65HIS HONOUR:  All right.  If you could take that up to your client thanks. 

(Community-based order signed and acknowledged.)

66HIS HONOUR:  I better do a 6AAA too. 

67MS WOODWARD:  Thank you, Your Honour.

68HIS HONOUR:  Thank you.  Mr Quinton, you have signed that order saying you under the conditions and consent to it being made?

69OFFENDER:  Yes, Your Honour.

70HIS HONOUR: Thank you. I declare pursuant to s.6AAA of the Sentencing Act that if you had proceeded to trial and you were convicted by a jury, you would have received a sentence of four years with a non-parole period of two and a half years.

71Mr Bourke, any other orders I need to make?

72MR BOURKE:  No, thank you, Your Honour.

73HIS HONOUR:  Thank you, Ms Woodward?  Any other orders from your point of view?

74MS WOODWARD:  No, Your Honour.  Thank you.

75HIS HONOUR:  Thank you.  And I'll come back when the next matter is ready, thank you. 

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