Robson, Stuart Dean v The Queen [2018] VSCA 256

CRIMINAL LAW
Judgment type: 
Victorian Court of Appeal
Judge(s): 
Kyrou and Kaye JJA
Parties: 

Robson, Stuart Dean v The Queen

Judgment Date: 
9 October 2018
Catchwords: 

CRIMINAL LAW - Sentence - Two charges of intentionally causing a bushfire - Total effective sentence of 3 years, 9 months' imprisonment combined with a community correction order for 3 years, 9 months - Fires lit at base of two eucalyptus trees in a park reserve - Fires caused minor damage to trees and were extinguished before spreading - Appellant sentenced in 2001 to total effective sentence of 4 years' imprisonment for five arson charges - Appellant suffers from mental illness - Offending linked to alcoholism - While on remand, appellant underwent treatment and undertook courses that gave him insight into his offending - Crown concession of 'significant concerns' about severity of sentence - Sentence manifestly excessive - Resentenced to total effective sentence of 2 years, 9 months' imprisonment with community correction order for 2 years, 6 months.

CRIMINAL LAW - Community correction order - Whether electronic monitoring can be ordered under s 48LA of Sentencing Act 1991 in relation to alcohol exclusion condition imposed under s 48J.

CRIMINAL LAW - Compensation order - Whether sentencing court has jurisdiction to make compensation order in favour of Country Fire Authority to recover costs of extinguishing fire - Sentencing Act 1991 pt 4 divs 2 and 2B.

Citation: 
[2018] VSCA 256