R v Arcus

[2016] ACTSC 318

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Arcus

Citation:

[2016] ACTSC 318

Hearing Date:

20 October 2016

DecisionDate:

20 October 2016

Before:

Murrell CJ

Decision:

Sentenced to 23 months’ imprisonment suspended on 25 October 2016 upon the offender entering into a good behaviour order for eight months.  Reparation orders made for total sum of $3,189.95.

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – arson – damage to motor vehicles – strong subjective factors – Crimes (Sentencing) Act 2005 (ACT) s 35 and Ellis sentencing discount

Legislation Cited:

Crimes (Sentencing) Act 2005 (ACT) s 33

Criminal Code 2002 (ACT) s 404

Parties:

The Queen (Crown)

Adam Arcus (Offender)

Representation:

Counsel

Ms E Beljic (Crown)

Mr R Davies (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Legal Aid ACT (Offender)

File Number:

SCC 138 of 2016

MURRELL CJ:

1. The offender is before the Court to be sentenced for five offences of arson contrary to s 404(1) of the Criminal Code 2002 (ACT) (Criminal Code).  Arson carries a maximum penalty of 15 years' imprisonment and/or a fine of $225,000.  Each offence was committed on 9 February 2016 when, in a brief course of conduct, the offender set fire to five vehicles in the Griffith–Narrabundah area. 

Facts

1. On 8 February 2016 the offender had been drinking with friends at his temporary residence in Griffith.  At about midnight he argued with his friends about obtaining money to purchase the drug “ice”.  The offender was a heavy user of methamphetamine, as were his acquaintances.  The offender informed his friends that he would find a bicycle or another item to steal and obtain money for drugs by selling the bicycle.

1. At about 12.45 am on 9 February 2016 he began roaming the Griffith-Narrabundah area looking for a bicycle.  He became increasingly angry as he was unable to find a bicycle to steal.  As an emotional outlet, he began to set fire to cars. 

1. The first vehicle that he ignited was a red Kia owned by Mr Birchall that had been parked on a nature strip outside a house in Griffith.  The offender used his lighter to set fire to the right rear quarter panel bumper behind the right rear tyre.  The offender left once the plastic began to drip off the bumper bar, confident that the vehicle would ignite.

1. He proceeded to Wills Street in Narrabundah, where he used a similar method to ignite a vehicle belonging to Mr Tosolini. 

1. Around the corner, he located a vehicle that belonged to Ms Kingham or her husband.  He used a similar method to set fire to the vehicle.  He ignited the vehicle at a location where he hoped that the fire would travel under the vehicle to the fuel tank.  The offender remained at the location to ensure that the vehicle ignited properly.

1. He then proceeded to Sturt Avenue, Narrabundah, where a vehicle belonging to Ms Haling was parked in the driveway.  He used his…