R v Rosenow [2022] NSWDC 126

District Court New South Wales

Medium Neutral Citation: R v Rosenow [2022] NSWDC 126 Hearing dates: 26 April 2022 Date of orders: 26 April 2022 Decision date: 26 April 2022 Jurisdiction: Criminal Before: Grant DCJ Decision: Orders at [46] Catchwords: SENTENCING – intentionally causing a fire – volunteer firefighter deliberately lighting grass fires – bushfire season – unauthorised backburning – community heroes – conduct diametrically opposed to community expectations – increased moral culpability – strong subjective case – remorseful offender – strong prospects of rehabilitation 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 [2002] NSWCCA 518 DPP v Tennison [2020] VCC 343 Lambkin v R [2020] NSWCCA 327 McKinnon v R [2020] NSWCCA 106 R v Kelso [2020] NSWDC 157 R v Mills [2005] NSWCCA 175 R v Tangi (No 12) [2020] NSWSC 547 Valentine v R [2020] NSWCCA 116 Category: Sentence Parties: Regina Benjamin Charles Rosenow Representation: Counsel: Mr Chris McGorey (offender)

Solicitors: Mr William Glowrey (offender) Mr Aaron Thomas (DPP) File Number(s): 2021/00020059 Publication restriction: Nil

Ex Tempore Judgment

Introduction 1. Benjamin Rosenow is to be sentenced for three offences of intentionally causing a fire and then being reckless as to the spread of that fire to vegetation on public land, namely, the roadside of Whitton Darlington Point Road, Whitton, contrary to section 203E(1) of the Crimes Act 1900. 2. The offender asks me to take into account on a Form 1 a further offence under the same provision. 3. The maximum penalty applicable is 21 years imprisonment, with a standard non-parole period of 9 years imprisonment. These are important guideposts in the assessment of sentence; a sentencing judge should steer by the maximum penalty and standard non-parole period, but not aim for it.