Director of Public Prosecutions v Tritt
[2024] VCC 630
•9 May 2024
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No CR-23-01443
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| TRITT, Aaron |
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JUDGE: | His Honour Judge Palmer | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 9 May 2024 | |
DATE OF SENTENCE: | 9 May 2024 | |
CASE MAY BE CITED AS: | DPP v Tritt | |
MEDIUM NEUTRAL CITATION: | [2024] VCC 630 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW - Sentence
Catchwords: Recklessly causing a bushfire – cultivate narcotic plant - low range examples of offending – need for general deterrence – admissions made in record of interview – specific deterrence – prior criminal history – pattern of offending relevant to drug use – offender not currently engaged in drug use
Legislation
Cited:Crimes Act 1958 (Vic); Sentencing Act 1991 (Vic)
Cases cited:Stanger v The Queen [2021] VSCA 25; Robson v R [2019] VSCA 256; Ganon v R [2018] VSCA 110; DPP vBriggs [2016] VCC 1557; and DPP vHubbard [2018] VCC 760; DPP v Ball [2022] VCC 866 and DPP v Poole [2018] VCC 2107
Sentence: $1250 fine, with conviction, Adjourned undertaking to be of good behaviour for two years.
6AAA:Combination Sentence of Imprisonment with Community Corrections Order
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | MS Gemma Overend | Office of Public Prosecutions |
| For the Accused | Ms Mihal Greener | Emma Turnbull Lawyers |
HIS HONOUR:
Circumstances of offending[1]
[1] The reasons for sentence were delivered ex tempore, with subsequent minor amendments (including the addition of this footnote), and the deletion of various exchanges with counsel. The offending is set out in more detail in Prosecution Opening (17 April 2024). I also took into account the Prosecution Sentencing Submissions (8 May 2024), CCTV Footage of the fire, Photographs taken of the area following the fire and a Google Map of the location; and materials tendered by the defence Outline of Submissions (9 May 2024), and Character Reference of Dean Tarrant.
EX TEMPORE: Aaron Tritt, on the afternoon of 5 Feb 2023, you parked in a dead-end area at the corner of Middle and Christies Roads near Ravenhall.
The weather conditions were relatively cool with moderate to low humidity.
A large amount of rubbish had previously been dumped there, including wood, cardboard and paper. You frequently went to that area to collect scrap metal.
The sequence of events agreed to be the most likely is as follows. While there, you smoked a cigarette and then flicked the butt on to the ground. You saw the grass begin to smoulder, smoke, and then flame up.
You panicked and drove off without making any attempt to extinguish the fire you started. Nor did you call 000.
The fire spread, moving in a westerly direction and consuming roughly 5000 square meters of grassland, and coming close to a gas main.
Someone called 000. The CFA attended and extinguished the fire.
During an investigation into the fire, your vehicle was identified through CCTV footage.
The police executed a search warrant on 14 February 2023. While searching for you, the police found 7 cannabis small plants in your back yard, weighing a total of 791.7g.
The police also found you hiding behind a cupboard in the kitchen and arrested you.
When interviewed by police, you made admissions consistent with the CCTV footage. You also told the police that the cannabis plants were being grown by your partner and that your involvement with them was watering them. The prosecution does not dispute this explanation.
Maximum penalties
You have pleaded guilty to three charges. The maximum penalty for each of those charges is as follows:
a.15 years’ imprisonment for the charge of recklessly causing a bushfire contrary to s 201A(1) of the Crimes Act 1958.
b.1 year imprisonment for the charge of cultivation of a narcotic plant contrary to s 72B of the Drugs, Poisons and Controlled Substances Act 1981 (Vic).
You have also pleaded guilty to the summary offence of committing an indictable offence whilst on bail, contrary to section 30B of the Bail Act 1977, which carries a maximum sentence of 3 months imprisonment, or a fine of up to approximately $5,700.
Current Sentencing Practice
In sentencing you, I am required to have regard to current sentencing practice. The prosecution referred me to a number of cases. Stanger v The Queen [2021] VSCA 25; Robson v R [2019] VSCA 256; Ganon v R [2018] VSCA 110; DPP vBriggs [2016] VCC 1557; and DPP vHubbard [2018] VCC 760. The first three of these cases were for charges of intentionally causing a bushfire, which is clearly a more serious offence.
The defence additionally referred me to DPP v Ball [2022] VCC 866 and DPP v Poole [2018] VCC 2107. I have had regard to all of these decisions. Of course, every case is different, and current sentencing practice is neither a controlling factor nor a yardstick. Nevertheless, what I take from these decisions is that there is a wide range of sentencing outcomes in cases involving the offence of recklessly causing a bushfire. And that the factors which go to the objective seriousness of the offending are those set out in paragraph 7 of the Crowns submissions.
Objective seriousness and mitigating factors
In relation to your own offending and by reference to those factors:
a.The fire consumed approximately 5,000 square metres of grassland.
b.There was a gas main in the vicinity although there is no evidence about the extent to which that was endangered.
c.There was some risk due to the fact that the grass was dry, although there had been some rain on the previous few days.
d.The weather conditions on the day were moderate with low temperatures and moderate to high humidity.
e.The CFA did have to attend and extinguish the fire but there was not a high degree of fire risk on that particular day.
f.The likely cause of the bushfire was the discarded cigarette butt, which suggests that there was no planning involved.
g.The above factors place the conduct at the lower end of recklessness in my view, especially when compared to the other cases to which I was referred to by the prosecution.
One of the most important factors in sentencing the offence of recklessly or intentionally causing a bushfire is general deterrence. That is because of the very high risk created by bushfires. In this case however, as I have already said, I consider the objective seriousness of your particular offending of recklessly causing a bushfire to be at the very lowest levels of seriousness.
Other relevant factors include specific deterrence. You do have an extensive criminal history, mostly involving dishonest, assault and minor drug offences, and you have failed to comply with court orders. Significantly you do not have any prior offending in relation to arson or bushfires. To your credit there has been very little offending since 2018. And your counsel informs me that that is in part due to the fact that you are no longer using drugs such as methamphetamine.
The fact that you are making this change in your life is important. And it deserves recognition in my view. Your prospects of rehabilitation are also supported by the fact that you are very optimistic about gaining employment, working in an abattoir. I am reluctant to disrupt the path of rehabilitation that you are on by imposing a term of imprisonment.
Denunciation is an important component of sentencing and I do condemn you for the fact that you recklessly started a bushfire and then drove away without making any attempt to extinguish it, or to bring it to the attention of authorities. You are lucky it did not spread further and endanger any human beings.
You cooperated with police from the time that they first interviewed and arrested you and made full admissions. Those admissions were consistent with what the CCTV footage showed. The Crown does not contest your explanation in relation to the charge of cultivate a narcotic plant. You were on bail at the time of the offending although the charges for which you were bailed were subsequently withdrawn.
Your history of failure to comply with corrections orders makes me reluctant to impose onerous conditions on you for fear that that will be setting you up to fail. I am also concerned that the demands of your employment and the care of your aging parents will make it difficult for you to meet onerous community work conditions.
Had you not pleaded guilty I would have imposed a combination sentence involving a term of imprisonment together with a community correction order.
In circumstances where you have made genuine efforts to turn your life around and have cooperated with the police, have pleaded guilty at a time that the Crown agrees to have been the first reasonable opportunity, and have stopped using drugs which were causing you serious problems, I think it is appropriate that I give you the greatest chance of continuing with your process of rehabilitation. They say that a leopard cannot change their spots, but Mr Tritt you may be in the process of proving that wrong.
What I am going to do is impose fines, together with an adjourned undertaking to be of good behaviour. Do you need to discuss what that means with your client Ms Greener before I proceed?
MS GREENER: No, Your Honour.
Orders
HIS HONOUR: All right. So, for the charge of recklessly causing a bushfire I impose a fine of $1000.
On the charge of cultivating a narcotic plant I impose a fine of $150.
On the charge of committing an indictable offence whilst on bail I impose a fine of $100.
That makes for a total effective fine for these offences is $1,250.
I also adjourn this on an undertaking for you to be of good behaviour for a period of two years. And the conditions of the undertaking, it will be for a period of two years.
Mr Tritt will attend before court if called on to do so. You must be of good behaviour. That means do not get into any trouble or you will be back here. And I am not imposing any further conditions than that.
I impose a conviction on all three charges. The conviction is a necessary part of the process of denunciation, general deterrence and specific deterrence. Mr Tritt you must be of good behaviour. That means do not get into any trouble or you will be back here.
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