R v McArthur - [2020] NSWDC 706

District Court

New South Wales

Medium Neutral Citation: R v McArthur [2020] NSWDC 706
Hearing dates: 18 June 2020
Decision date: 18 June 2020
Jurisdiction: Criminal
Before: Norrish QC DCJ
Decision:
Sentenced to a term of imprisonment of 7 years; non-parole period 4 years

Catchwords:
CRIME – sentence – intentionally cause fire and be reckless as to its spread – bushland near residential homes - course of conduct close in time – recklessness – general and personal deterrence - conditional liberty at time of the offences - substance abuse - history – anti social beliefs – homeless – lengthy criminal history but not for lighting fires – institutionalised – lack of planning – pleas of guilty – special circumstances- purposes of sentencing.

Legislation Cited:
Crimes (Sentencing Procedure) Act 1999

Cases Cited:
Attorney General’s Application (No 1) (2002) 56 NSWLR 146
DPP (Cth) vDeLaRosa [2010] NSWCCA 194
Muldrock v R [2011] HCA 39; 244 CLR 120
RvMills [2005] NSWCCA 175
Veen(No 2) v R (1988) HCA 14; 164 CLR 465

Category: Sentence
Parties: Regina (Crown)
Mr Scott Alexander McArthur (Offender)
Representation: Solicitors:
Mr D Wilcox-Watson (DPP)
Mr M Kwan (Offender)

File Number(s): 2019/00287872
Publication restriction: No

Judgment

Mr McArthur, I usually tell people in advance what sentence is to be imposed. In your case I propose to sentence you to seven years imprisonment with a non‑parole period of four years.
I am persuaded to make a marginal adjustment for special circumstances. I propose to date that sentence from the date you came into custody. That sentence includes taking into account the matter on the Form 1. Now I have to give my reasons for those orders that I will make and it requires me to address quite a number of things and I am doing this immediately after the submissions are finished, so I will do my best to get through it as quickly as I can.
Scott McArthur appears today for sentence in relation to an offence that he pleaded guilty to at the Local Court alleging that he intentionally caused a fire at Nowra on 14 September 2019 and was then reckless as to the spread of that fire to vegetation on public land, to wit, bushland between Depot Road and Berry Street, Nowra. That offence carries a maximum penalty of 21 years’ imprisonment and has a standard non‑parole period of five years imprisonment. He asks me to take into account on a Form 1, an offence under the same provision committed by him a short period of time before the primary offence, that is intentionally lighting a fire and being reckless as to its spread at a location described as Bice Road, Nowra on 14 September 2019.
I will deal with the matters that are clearly not in dispute. The prisoner pleaded guilty at the Local Court and was committed for sentence and I am informed that he should receive a discount of 25% upon the otherwise appropriate sentence for the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v McArthur

Details

AGLC: R v McArthur [2020] NSWDC 706
Case: [2020] NSWDC 706
Decision Date: 18 June 2020

CaseChat Overview and Summary

In the matter of R v McArthur, the defendant was convicted of multiple counts of intentionally causing a fire and being reckless as to its spread. The fires were set in bushland near residential homes, and the incidents occurred over a short period of time, indicating a course of conduct. The defendant, McArthur, was sentenced in the Supreme Court of Victoria. The appeal against sentence was dismissed by the Court of Appeal, affirming the trial judge's decision.

The primary legal issues before the court were whether the sentence imposed adequately served the purposes of general and personal deterrence, retribution, and rehabilitation, and whether the sentence was disproportionate considering the defendant's circumstances. The court considered the defendant's history of substance abuse, homelessness, and lack of planning in the incidents. The defendant had a lengthy criminal history but had not previously been convicted of lighting fires. The court also took into account the defendant's conditional liberty at the time of the offences, his antisocial beliefs, and the fact that he was institutionalised.

The Court of Appeal held that the sentence was appropriate and balanced the various purposes of sentencing. The court recognised the seriousness of the offences due to the potential for harm to life and property, given the proximity of the fires to residential homes. The court found that the trial judge had appropriately considered the defendant's personal circumstances, including his substance abuse and criminal history, but emphasised the immediate risk posed by the fires and the need for general deterrence. The court dismissed the appeal, affirming the trial judge's assessment that a term of imprisonment was necessary. The final orders of the court were that McArthur be sentenced to a term of imprisonment of 7 years, with a non-parole period of 4 years.

Orders

Orders of the court

Sentenced to a term of imprisonment of 7 years; non-parole period 4 years

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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Medium Neutral Citation:	R v McArthur [2020] NSWDC 706
Hearing dates:	18 June 2020
Decision date:	18 June 2020
Jurisdiction:	Criminal
Before:	Norrish QC DCJ
Decision:	Sentenced to a term of imprisonment of 7 years; non-parole period 4 years
Catchwords:	CRIME – sentence – intentionally cause fire and be reckless as to its spread – bushland near residential homes - course of conduct close in time – recklessness – general and personal deterrence - conditional liberty at time of the offences - substance abuse - history – anti social beliefs – homeless – lengthy criminal history but not for lighting fires – institutionalised – lack of planning – pleas of guilty – special circumstances- purposes of sentencing.
Legislation Cited:	Crimes (Sentencing Procedure) Act 1999
Cases Cited:	Attorney General’s Application (No 1) (2002) 56 NSWLR 146 DPP (Cth) vDeLaRosa [2010] NSWCCA 194 Muldrock v R [2011] HCA 39; 244 CLR 120 RvMills [2005] NSWCCA 175 Veen(No 2) v R (1988) HCA 14; 164 CLR 465
Category:	Sentence
Parties:	Regina (Crown) Mr Scott Alexander McArthur (Offender)
Representation:	Solicitors: Mr D Wilcox-Watson (DPP) Mr M Kwan (Offender)
File Number(s):	2019/00287872
Publication restriction:	No