R v Ezekiel (No 2)

[2022] ACTSC 273

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Ezekiel (No 2)

Citation:

[2022] ACTSC 273

Hearing Dates:

23 June, 31 August, 27 September 2022

DecisionDate:

10 October 2022

Before:

Kennett J

Decision:

See [69]–[70]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – arson – where fire lit in medium-density residential dwelling – where offence is an act of family violence – where offender has history of committing serious family violence offences – consideration of the Verdins principles

Legislation Cited:

Criminal Code 2002 (ACT) s 404

Crimes (Sentencing) Act 2005 (ACT) ss 7, 29, 33, 34B

Family Violence Act 2016 (ACT) s 8

Cases Cited:

DPP (Cth) v De La Rosa [2010] NSWCCA 194; 79 NSWLR 1

DPP (Vic) v O’Neill [2015] VSCA 325; 47 VR 395
Ibrahim v The Queen [2016] NSWCCA 6
R v Booth [2004] ACTCA 21
R v Garay (No 4) [2022] ACTSC 128
R v Newby [2022] ACTCA 20
R v NI [2016] ACTSC 361
R v Olbrich [1999] HCA 54 199 CLR 270
R v Snowden [2022] ACTSC 186
R v Tomo’ua [2017] ACTCA 9; 12 ACTLR 103
R v Verdins [2007] VSCA 102; 16 VR 29

R v Wrigley [2015] ACTSC 114

Parties:

The Queen ( Crown)

Lucas Ezekiel ( Offender)

Representation:

Counsel

B Morrisroe ( Crown)

T Lee ( Offender)

Solicitors

ACT Director of Public Prosecutions ( Crown)

Legal Aid ACT ( Offender)

File Number:

SCC 296 of 2021

KENNETT J:

Introduction

1. The offender, Lucas Ezekiel, is to be sentenced for one count of arson committed on 13 August 2021, contrary to s 404(1) of the Criminal Code 2002 (ACT). He pleaded guilty to this offence on 29 April 2022.

1. The maximum penalty for this offence is imprisonment for 15 years, a fine of $240,000 or both.

Facts

1. During the early weeks of August 2021, the offender had been residing in a unit in O’Connor (the unit) with the lawful occupier (the complainant), who is his estranged wife.

1. The unit formed part of a complex containing eight government housing units.  Each unit is of two stories and joined to others by at least one shared wall.

1. On the evening of 13 August 2021, the offender was alone in the unit (the complainant having left some days earlier).  While alone, he deliberately lit a fire on the coffee table in the loungeroom.  This fire caused:

(a)     extensive damage to the north facing window frames on both levels;

(b)     extreme heat damage to the gutters of the roof;

(c)      damage to the underside of the floor beams on the second floor;

(d)     damage to the timber flooring on the second floor;

(e)     damage to the door, frames and beam of the entry door;

(f)       extensive damage to the entirety of the ground floor; and

(g)     damage to the exterior rear side gutter and eaves.

1. The fire also caused damage to an adjoining unit, namely:

(a)     damage to plastic roofing sheets…