Director of Public Prosecutions v Wood
[2022] VCC 1375
•24 August 2022
| IN THE COUNTY COURT OF VICTORIA AT Melbourne CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-22-00474
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| AMY WOOD |
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JUDGE: | HIS HONOUR JUDGE TIWANA | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 4 August 2022 | |
DATE OF SENTENCE: | 24 August 2022 | |
CASE MAY BE CITED AS: | DPP v Wood | |
MEDIUM NEUTRAL CITATION: | [2022] VCC 1375 | |
REASONS FOR SENTENCE
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Subject:Criminal law – Sentence
Catchwords: Arson – Contravention of family violence intervention order intending to cause harm or fear for safety – Home completely destroyed in the fire – Offending committed while subject to a Community Correction Order for various offences including arson – Drug induced psychosis at the time of the offending – Admissions in interview – Early plea of guilty – Progress in custody
Legislation Cited: Crimes Act 1958 (Vic); Family Violence Protection Act 2008 (Vic); Sentencing Act 1991 (Vic)
Cases Cited:Worboyes v The Queen (2021) 96 MVR 344
Sentence: 10 months’ imprisonment followed by a two-year Community Correction Order
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr M White | Director of Public Prosecutions |
| For the Accused | Ms B East | Emma Turnbull Lawyers |
HIS HONOUR:
Introduction
1Amy Wood, you have pleaded guilty on indictment to two charges. Charge 1 is an offence of arson contrary to ss 197(1) and 197(6) of the Crimes Act 1958. This offence carries a maximum penalty of 15 years’ imprisonment. Charge 2 is an offence of contravention of a family violence order intending to cause harm or fear for safety contrary to s 123A(2) of the Family Violence Protection Act 2008. This offence carries a maximum penalty of 5 years’ imprisonment.
Circumstances of the offending
2The circumstances of your offending are set out in the summary of prosecution opening dated 30 June 2022.[1] Your counsel indicated that the opening was an agreed document for the purpose of sentencing.
[1]Exhibit A.
3At the time of the offending, you were 36 years of age, and were living with your parents, June Wood and Geoffrey Wood, the victims in this matter.
4On 10 June 2021, you were at your parents’ residence, an old wooden house, located in a built-up residential area and surrounded by a high density of trees and shrubbery. Your parents had multiple altercations with you that day as you had been lighting fires in your bedroom and smoking, resulting in the fire-detector being activated numerous times. They warned you on a number of occasions that you were not to smoke or light any fires inside the house.
5At around 6:15 to 6:30pm, you were in your bedroom and your parents were in the lounge. Whilst in your bedroom, you used a match or a lighter to ignite a bag inside your wardrobe on fire (Charge 1 - Arson). You then closed the wardrobe door and left the house without making any attempt to alert your parents or anyone else about the fire. At the time of lighting the fire, you were subject to a family violence protection order issued by the Magistrates’ Court and served upon you on 15 March 2021. You were prohibited from committing any act likely to cause physical or mental harm to the protected person, namely your mother, Mrs Wood. The lighting of the fire breached the order (Charge 2 – Contravene Family Violence Order).
6As a result of the smoke detector going off, your parents were alerted to the fire. They ran to your bedroom and observed the wardrobe billowing with fire. Their attempts to extinguish the fire were unsuccessful. They evacuated their home and called emergency services. Your parents saw you watching the house burn from a nearby residence. You made no attempt to speak to them or enquire about their welfare.
7Regrettably, the fire was unable to be brought under control. The house and all its contents were completely destroyed. Damage in excess of $300,000 was caused. Your parents were left with nothing other than their two vehicles, the clothes they were wearing and a mobile phone. Fortunately, their home was insured.
8Around 7:06pm, you were located at the scene by police officers. You presented as extremely paranoid and were unco-operative with police. You began thrashing your head against a vehicle and screaming at nearby firefighters. You were restrained and handcuffed. You were detained under the Mental Health Act and conveyed to Frankston Hospital for a mental health assessment.
9On 11 June 2021, forensic officers conducted an examination of the scene and concluded that the initial cause of the fire was the ignition of combustible materials in your wardrobe. Later that day, police members attended Frankston hospital and briefly spoke to you about the fire. You told them that you had started the fire by setting alight a bag in the wardrobe.
10You were transferred to the Mental Health ward at Peninsula Health Hospital and treated in respect of a drug induced psychosis. You remained there for two weeks.
11You were interviewed by the police on 22 June 2021 and made the following admissions:
· You started the fire by lighting a fabric bag in the wardrobe;
· You did not intend to burn the house down;
· You had been using ice daily and smoking cannabis as well as drinking whiskey;
· You stated you had ‘no idea’ why you lit the fire, that you were ‘bored’, and it was ‘something to do’;
· You were frustrated with your parents and you believe they do not like you;
· You said you did not light the fire as a form of revenge on your parents, but you had an ‘underlying annoyance at them’ and ‘wanted attention’.
12Upon the conclusion of the interview, you were released from police custody. You were later charged and remained on bail until being remanded on 31 December 2021.[2]
[2]This was due to new offending. Ms Wood was sentenced to 14 days’ imprisonment on a charge of unlawful assault.
Personal circumstances
13You were born in Melbourne and are the youngest child. You have two older brothers. Your mother was a teacher and your father an accountant. They are both now retired.
14You described your upbringing as ‘volatile’ and ‘unpredictable’. Your father had an issue with alcohol, and you witnessed him physically abusing your mother and brothers. He would scream at you over little things with no opportunity to be heard, and you were frightened of him.
15You found high school to be overwhelming. You told Dr Best that you were suspended in Year 7 after you stole honey and candles while you were on a school excursion. You had trouble socialising with other students, and although you had one or two friends, you kept mostly to yourself. You transferred to an all-girls school and completed Year 12.
16Having taken a gap year, you enrolled in an Advanced Diploma in Business and Law. During your studies, you worked part-time in a number of customer service jobs. You completed the diploma over three years and have continued work as a customer service representative, personal assistant and executive assistant.
17Whilst in custody, you have worked as a cleaning billet. It is your intention to work in the future as a specialist cleaner.
18Regrettably, you have a long history of substance abuse. You commenced drinking at the age of 13, and it did not take long before it became problematic. You also started smoking cannabis at a similar age, however, unlike alcohol, your use of cannabis has been intermittent but has continued right up until this offending. At the age of 16, your parents had arranged for you to undergo drug and alcohol counselling, but you did not relate with your psychologist and chose not to attend further sessions. In 2018, you began smoking methamphetamines.
19Prior to being remanded, you were living in boarding houses and have been a client of Launch Housing since 2019. You have also spent some time homeless and living on the streets. A short period before the offending, you were allowed to return and live with your parents.
20Since the offending, you have had no contact with your father but have maintained some contact with your mother. You have spoken to one of your brothers on the phone while in custody.
21I have had regard to the psychiatric report prepared by Dr Best[3]. Dr Best sets out the following pertinent matters:
(i)You have a long-standing history of substance abuse, including alcohol, cannabis and methamphetamine. You have had inpatient admissions to psychiatric units as a result of drug induced psychosis. Your last admission was for a period of 14 days and immediately followed this offending.
(ii)You have attended three in-house drug rehabilitation programs. The first was in 2016 for a period of 4 ½ months. The second and third in 2017 and 2018 respectively, each of 4 weeks duration. Your parents paid for these rehabilitation programs.
(iii)There is no evidence of major mental illness and although you reported symptoms consistent with mild dysthymia, they do not meet the criteria for major depression or anxiety. You are currently prescribed anti-depressant medication and are not in need of any immediate psychiatric treatment.
(iv)You meet the DSM-5 criteria for Alcohol Use Disorder, in early remission, in a controlled environment, Stimulant Use Disorder (methamphetamine), severe, in early remission, in a controlled environment and Cannabis Use Disorder, in early remission, in a controlled environment. You would benefit from assertive drug and alcohol counselling. Ceasing substance abuse is likely to reduce psychiatric symptoms and reduce the risk of developing a more enduring major mental illness.
(v)There are aspects of your personality suggestive of unstable interpersonal relationships, abandonment fears, impulsivity, affective instability, anger and suicidal thoughts. Your childhood trauma has resulted in a maladaptive developmental trajectory. You would benefit from specialist assessment in relation to personality disorders.
[3]Exhibit 2.
22You told Dr Best, you are well aware that substance abuse has led to poor sleep and psychosis. The psychotic symptoms have settled with abstinence and sleep without any further treatment required. It cannot be any clearer, you must maintain abstinence from illicit substances and alcohol. As your counsel submitted, your continued abstinence will inform your prospects of rehabilitation.
Criminal history
23You have one prior appearance before the Ringwood Magistrates’ Court. On 1 March 2021, you were sentenced to a 12-month Community Correction Order in respect of a number of offences, that included arson. The other offences included criminal damage, assaulting an emergency worker on duty, entering a private place without authority or excuse, and committing an indictable offence whilst on bail.
Matters in Mitigation
24Prosecution took no issue with the matters raised by your counsel in her written[4] and oral submissions.
[4]Exhibit 1.
25Your pleas of guilty were entered at the earliest opportunity in the Magistrates’ Court. By entering pleas of guilty, you have facilitated the course of justice and have taken responsibility for your actions. You have also saved the community the time and expense of a trial and have spared your parents from having to give evidence. You are entitled to an additional and palpable discount, having entered pleas of guilty when this Court is facing a considerable backlog of trials.[5]
[5]Worboyes v The Queen (2021) 96 MVR 344, 356-7 [35]–[39].
26You were co-operative with the police, making admissions to the offending in your police interview. I accept that your co-operation and pleas of guilty indicate that you are genuinely remorseful. You expressed remorse for the offending to Dr Best, saying “I regret it immeasurably so”.
27You have experienced a greater level of hardship in custody because of the COVID-19 restrictions. You were subject to the initial 14-day quarantine period during which, other than 30 minutes a day, you were confined to your cell. There have been ongoing lockdowns and they are likely to continue. Visits and courses have been limited. Further, your personality difficulties as identified by Dr Best are likely to make your time in custody more onerous.
28Having said this, you have made the most of your time in custody. You have completed a number of courses and have been working as a cleaning billet. You have also engaged in fortnightly counselling with WestCASA over the last 3 months or so. Your counsellor, Ms Lovatt states:
Despite very insightfully identifying she does not trust easily; Amy has engaged well and consistently demonstrated her commitment to her own well-being and growth. She is deeply reflective and cognisant of factors that have impacted where she is at in her life.[6]
[6]Exhibit 3.
29You will be provided with assistance in finding suitable accommodation upon your release by the Women’s Justice Diversion Program.[7]
[7]See exhibits 3 – 9.
30You are now aged 37 and have a relevant but limited criminal history. Your prospects of rehabilitation, as indicated earlier, depend on you remaining free of illicit substances and alcohol. You are clearly an intelligent person and if you maintain abstinence, you are likely to enjoy a bright future. You have made progress in custody, and it is sincerely hoped that you maintain that upon your eventual release.
Gravity of the offending
31Arson is a serious offence. That much is underlined by the maximum sentence of 15 years’ imprisonment legislated by Parliament.
32Your act of lighting the fire led to the destruction of the entirety of your parents’ home. At the time of lighting the fire, your parents were present in the house and you were aware of that fact. You were observed watching the house burn from a nearby residence and made no attempt to enquire about the welfare of your parents. Your parents escaped with only the clothes they were wearing, their cars and a mobile phone. While there are no victim impact statements, seeing their home burnt down would have been an extremely distressing experience. At the time of the offending, you were on a Community Correction Order for a number of offences including an offence of arson.
33In respect of Charge 2, you breached a family violence intervention order imposed by the Magistrates’ Court to protect your mother, Mrs Wood. Court orders are to be taken seriously and any family violence is wholly unacceptable and must be condemned.
34Your counsel submitted, without argument, that the principle of totality assumes importance in this case, as both charges relate to the same conduct of lighting the fire.
35You must be justly punished for your offending. Any sentence must give prominence to general deterrence, protection of the community and denunciation. In light of your criminal history and the fact that you were on a Community Correction Order at the time of this offending, I also regard specific deterrence as being important. I must also pay regard to your rehabilitation. In short, all sentencing purposes assume relevance.
Sentencing
36Your counsel acknowledged that the offending is serious, and a term of imprisonment must be imposed. However, she submitted that all sentencing purposes can be met by a term of imprisonment combined with a Community Correction Order. She submitted that the progress you have made in custody can be maintained by a suitably structured Community Correction Order.
37On behalf of the prosecution, it was submitted that whilst the offending is serious, in light of the matters in mitigation, a combination sentence was within range.[8]
[8]In accordance with Clause 5, Schedule 1 of the Sentencing Act 1991, the Court is not limited to 12 months’ imprisonment if a combination sentence was imposed in respect of the offence of arson.
38Despite your previous unsuccessful attempts at rehabilitation and failing to take advantage of a Community Correction Order imposed in March 2021, I am persuaded to give you another opportunity to address your issues and lead a productive life. I do so because you have remained abstinent from all substances since your remand at the beginning of the year, and during counselling with Ms Lovatt, you have demonstrated insight and a willingness to make significant changes to your life.
39Having taken into consideration all relevant sentencing factors and principles, Ms Wood you are sentenced as follows:
40On Charge 1, you are sentenced to 10 months’ imprisonment.
41On Charge 2, you are sentenced to 5 months’ imprisonment.
42The sentence on Charge two will run concurrently with the base sentence on Charge 1. Therefore, the total term of imprisonment imposed is 10 months’ imprisonment. In addition, on Charge 1 you will be sentenced to a Community Correction Order for a period of 2 years that will commence upon your release.
43Every Community Correction Order has core conditions that you must comply with. They are as follows:
· You must not commit any offence punishable by imprisonment.
· You must comply with any obligation or requirement prescribed by the regulations.
· You must report to and receive visits from the Secretary.
· You must report to the community corrections centre within two clear working days of being released from custody at the expiration of the custodial portion of the sentence.
· You must notify the Secretary of any change of address or employment within two clear working days of the change.
· You must not leave Victoria except with the permission of the Secretary.
· And, finally, you must comply with any direction given by the Secretary that is necessary for the Secretary to give to ensure your compliance with the order.
44In addition to the mandatory core conditions, the Community Correction Order will also include the following special conditions:
· First, you must undergo assessment and treatment (including testing) for drug abuse or dependency as directed.
· Second, you must undergo assessment and treatment (including testing) for alcohol abuse or dependency as directed.
· Third, you must undergo any mental health assessment and treatment as directed.
· Fourth, you must engage in programs that address factors relating to your offending behaviour.
· Fifth, you will be subject to supervision as directed for the duration of the Community Correction Order.
· Sixth, you will be subject to judicial monitoring. That means you will have to appear before me as directed so that I can monitor your progress. I direct the first judicial monitoring hearing will take place at 9.30 am on Wednesday 22 March 2023.
45You must report to Melbourne Justice Service Centre within two working days upon your release from custody.
46Ms Wood, you need to understand that if you were to breach the Community Correction Order in any way, either by committing another offence or by not complying with any of the core conditions or any of the special conditions, then you could be charged with the offence of breaching the order.
47The offence of breaching a Community Correction Order itself carries a maximum penalty of three months' imprisonment. So were you to breach the order, you would need to come back to court and face sentencing for that breach offence. In those circumstances, you could also be re-sentenced for the offence for which you were placed on the order originally, namely the charge of arson. You would then face the very real possibility of being sent back to prison.
48So, there are serious consequences attached to any breach. Do you understand that?
49OFFENDER: Yes I do, your Honour.
50HIS HONOUR: Do you also understand all the conditions of the proposed Community Correction Order?
51OFFENDER: Yes I do, your Honour.
52HIS HONOUR: Do you consent to being placed on a Community Correction Order in the terms I have outlined and to abide by all of its conditions?
53OFFENDER: Yes I do, your Honour. Thank you.
54HIS HONOUR: Thank you. Your verbal consent will be noted on the court record and is sufficient in circumstances such as this where an accused is appearing by way of a video link.
Pre-sentence detention
55Pursuant to s 18 Sentencing Act 1991, the period of 221 days of pre-sentence detention, not including today's date, is hereby declared as having already been served in respect of this sentence and I order that such declaration and its details be entered in the court records.
Section 6AAA declaration
56Pursuant to s 6AAA of the Sentencing Act 1991, I indicate that had Ms Wood pleaded not guilty and been found guilty, she would have been sentenced to a term of 3 years and 6 months’ imprisonment with a non-parole period of 2 years.
57HIS HONOUR: Mr White does that deal with everything?
58MR WHITE: Yes thank you, your Honour.
59HIS HONOUR: Thank you, and anything arising Ms East?
60MS EAST: No, your Honour.
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