R v Thompson

[2022] NSWDC 724

District Court

New South Wales

Medium Neutral Citation:

R v Thompson [2022] NSWDC 724

Hearing dates:

8 July 2022

Date of orders:

8 July 2022

Decision date:

08 July 2022

Jurisdiction:

Criminal

Before:

Haesler SC DCJ

Decision:

Sentenced to a term of imprisonment of 3 years 4 months with a non-parole period of 1 year 8 months. See orders at [51]

Catchwords:

CRIME – Damage property by fire/explosive with intent to injure

SENTENCING - Relevant factors on sentence - Breach of Community Corrections orders – early guilty plea - targeted arson offence – little property damage potential for harm great – young offender- background of disadvantage and trauma - ICO rejected - community safety requires a supervision plan and drug rehabilitation - need for extensive support on release to prevent institutionalisation

Legislation Cited:

Crimes Act 1900

Crimes (Sentencing Procedure) Act 1999

Cases Cited:

Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002, [2013] NSWCCA 115; (2002) 56 NSWLR 146 Porter v R [2008] NSWCCA 145

R v Pitt [2001] NSWCCA 156

Category:

Sentence

Parties:

Joshua Thompson (the offender)
Director of Public Prosecutions

Representation:

Solicitors:
Mr N Ashby, Solicitor Advocate, Legal Aid NSW (for the offender)
Ms J Walshe (for Director of Public Prosecutions)

File Number(s):

2021/00231696, 2021/00324466

sentence – ex tempore revised

Introduction

1. Joshua Thompson, the offender now before the Court, is a young man. He has a number of significant problems that he will have to live with for the rest of his life, to which I will soon refer. He has not had the sort of background that many in the community expect; the sort of background we should all be entitled to receive. Since he was very young he has used illicit drugs and combined with some mental health issues this has meant that he has been in trouble with police and come before the courts. He has a limited education. He does, however, have support from family and friends, who are here in court today.

2. He appears for sentence because he offended in a very serious way against the community, targeting one young woman specifically.

3. On 13 July 2020 a double mattress was set alight in the stairwell of a walk-up, three-storey unit block in Wollongong. Although that fire was extinguished reasonably rapidly, the use of the mattress, the position of the mattress and the fact it was lit in the early hours of the morning would have caused the residents considerable disquiet.

4. A police investigation led to Thompson’s arrest on 13 August 2021. He co-operated when the matter was before the Local Court. He indicated that he would enter a plea of guilty to a charge of damage property by fire with intent to injure; s 196(1)(b) Crimes Act 1900, maximum penalty 14 years. He also asks that when I sentence him, I take into account his admission of guilt to another 196(1)(b) Crimes Act offence committed in the same stairwell on 26 June…