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
Category: Sentence Parties: Regina (Crown)
Mark Masters (Offender)Representation: Counsel:
Solicitors:
Mr P Stitz (Offender)
Mr M Dickinson (Crown)
Ms L Manookian (Legal Aid NSW)
File Number(s): 2018/362223 Publication restriction: Nil
Judgment
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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."
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The maximum prescribed penalty for that offence is 10 years imprisonment. There is no prescribed standard non‑parole period.
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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%.
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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
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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.
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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:
That there…
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- AGLC
- R v Masters [2021] NSWDC 315
- Case
- [2021] NSWDC 315
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were primarily concerned with the appropriate sentence for Masters, given the seriousness of the offence and the circumstances surrounding it. The court had to consider the relevant statutory provisions regarding sentencing, the principles of proportionality and deterrence, and the specific facts of the case, including Masters' criminal history and the extent of the damage caused by the fire.
The court emphasised the seriousness of the offence, noting that damaging property by fire is a grave criminal act that can have significant consequences for the community. The court took into account Masters' criminal history, which included previous offences involving property damage. However, the court also considered mitigating factors, such as Masters' expressions of remorse and his cooperation with authorities. Ultimately, the court determined that a term of imprisonment of 5 years and 10 months was appropriate, with a non-parole period of 3 years and 10 months. The sentence reflects the gravity of the offence and the need to deter similar conduct in the future, while also taking into account the mitigating factors present in this case.
Orders
Orders of the court
Term of imprisonment of 5 years and 10 months with a non-parole period of 3 years and 10 months.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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