R v Masters

[2021] NSWDC 315

District Court

New South Wales

Medium Neutral Citation:

R v Masters [2021] NSWDC 315

Hearing dates:

19 March 2021

Date of orders:

30 April 2021

Decision date:

30 April 2021

Jurisdiction:

Criminal

Before:

Bright DCJ

Decision:

Term of imprisonment of 5 years and 10 months with a non-parole period of 3 years and 10 months.

Catchwords:

CRIME — Property offences — Destroying or damaging property by fire

SENTENCING — Sentencing procedure — Findings of fact

SENTENCING — Relevant factors on sentence — Moral culpability

Legislation Cited:

Crimes Act 1900 (NSW)

Crimes (Sentencing Procedure) Act 1999 (NSW)

Cases Cited:

Bugmy v R (2013) 249 CLR 571; HCA 37

Porter v R [2008] NSWCCA 145

R v Pitt [2001] NSWCCA 156

Category:

Sentence

Parties:

Regina (Crown)
Mark Masters (Offender)

Representation:

Counsel:
Mr P Stitz (Offender)

Solicitors:
Mr M Dickinson (Crown)
Ms L Manookian (Legal Aid NSW)

File Number(s):

2018/362223

Publication restriction:

Nil

Judgment

1. Mark Masters, 56 years of age, appears for sentence in relation to one offence of damage property by fire, pursuant to s 195(1)(b), Crimes Act 1900 (NSW). The indictment is in the following terms:

"On 30 October 2018 at Gosford in the State of New South Wales did intentionally or recklessly destroy property by means of fire, namely the apartment complex of 208 to 210 Gertrude Street, Gosford, the property of Compass Housing Services Co Ltd."

2. The maximum prescribed penalty for that offence is 10 years imprisonment. There is no prescribed standard non‑parole period.

3. The offender pleaded guilty to the offence on arraignment on 20 March 2020. Having regard to the timing of the plea, I propose to allow a discount on sentence of 10%.

4. The offender has been in custody, bail refused, since his arrest on 20 December 2018. Whilst in custody, he has served a fixed term of imprisonment of 3 months for an offence of use carriage service to threaten to kill. That sentence was served between 23 December 2018 and 22 March 2019. I propose to backdate the sentence imposed today to 20 March 2019. I will outline the reasons for the nominated commencement date of the sentence later in my remarks.

The facts for sentence

5. The matter first came before the Gosford District Court for sentence on 19 June 2020. The Court was advised on that date that there were facts that were disputed and evidence was to be called. The dispute was identified as whether the Crown could establish beyond reasonable doubt that the offender had acted intentionally to destroy the apartment complex. The Crown relied upon a number of disputed facts from which, it was submitted, this ultimate inference could be drawn. The plea of guilty was entered on the basis that the offender was reckless as to destroying the apartment complex.

6. Evidence was called for the purposes of the disputed facts hearing on 19 June and 2, 3 and 4 December 2020. On 11 December 2020, I gave judgment on the factual disputes. I made the following findings:

1. That there…