R v Richardson

[2019] ACTSC 9

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Richardson

Citation:

[2019] ACTSC 9

Hearing Date:

1 February 2019

DecisionDate:

1 February 2019

Before:

Elkaim J

Decision:

See [17]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Arson building/vehicle

Legislation: 

Parties:

Criminal Code 2002 (ACT) s 404(1)

Crimes (Sentence Administration) Act 2005 (ACT)

Crimes (Sentencing) Act 2005 (ACT) ss 6, 7, 10, 33

The Queen (Crown)

Andrew John Richardson (Offender)

Representation:

Counsel

Ms S McFarland (Crown)

Mr R Davies (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Legal Aid ACT (Offender)

File Number:

SCC 281 of 2018

ELKAIM J:

1. On 7 November 2018 the offender pleaded guilty to a single charge of arson contrary to s404(1) of the Criminal Code 2002 (ACT). The maximum penalty for this offence is 15 years imprisonment and, or a fine of $225,000.

1. The offender has been in custody in relation to this offence for 149 days. His plea of guilty entitles him to a discount on his sentence, which I assess at approximately 20%.

1. The offender first came before me 1 February 2019 when he sought an adjournment and referral for an Intensive Corrections Order assessment. He was then serving a similar order made by Mossop J and it was hoped that his rehabilitation prospects would be assisted by the referral and by the continuation of his employment.

1. Full details of the offence can be found in the Statement of Facts within Exhibit A. In summary the offender set fire to a business called Jenn’s Magic Massage which is located in a building in Dundas Court in Phillip. Significant damage was done to the premises. Photographs of the damage can be seen in Exhibit A. Losses in equipment and trading amounted to very large sums of money.

1. With the assistance of CCTV footage the police were able to identify the offender and he was ultimately arrested on 6 September 2018.

1. The offender does not seem to have had any particular reason for attacking the business. He said he chose it because it “smelt”. There is perhaps a little more of a clue in the report from Dr Kasinathan, included in Exhibit 1 where it is said that the offender told the doctor:

I was having a bad night, not hearing voices, was not sleeping, I was agitated, walked in there one time and it smelt bad, of semen.

1. There was clearly a degree of premeditation but it is very apparent that his mental health issues were also at play. He has a previous diagnosis of schizophrenia and a diagnosis of paranoid schizophrenia in 2002. He has a history of depression, self-harm and suicide attempts. He has been diagnosed with Tourettes Syndrome. He is socially isolated.

1. The offender was raised by his mother. His father left when he was five years of age. He has two siblings. He left school at 16 years of age. He remains a single person. His only employment was in…