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 2021. It is appropriate that I do so. 5. At the time he was serving sentences subject to Community Corrections orders. The fact that he breached the promise to be of good behaviour inherent in accepting that sentence is a matter that aggravates the sentence I impose today. He has also asked that I deal with him for the breaches of the Community Corrections orders, and it is appropriate I do so. 6. Because I have taken into account the fact that these offences were committed in breach of Community Corrections orders as an aggravating, factor I will take care not to double-count against him that fact when I come to deal with the breaches. 7. As the plea was entered in the Local Court he is entitled to a reduction of 25%, from the otherwise appropriate sentence, to reflect the utilitarian value of his early plea.