Police v Kevin Francis Barlow (No 2) [2011] NSWLC 20

Police v Kevin Francis Barlow (No 2) [2011] NSWLC 20

Given the value and seriousness of the damage caused by the two arson offences, and considering objective and subjective factors, the first offence (12 May 2010) warranted a good behaviour bond under section 9 of the Crimes (Sentencing Procedure) Act 1999, while the second offence (14 June 2010) required full-time custody, as the objective seriousness and need for deterrence outweighed mitigating subjective circumstances. The Local Court imposed the highest appropriate sentences within jurisdictional constraints.

Parties
Prosecutor: Police; Offender: Kevin Francis Barlow
Jurisdiction
Australia
Judgment Date
01 July 2011
Procedural Posture
Criminal / Sentencing
Outcome
Conviction and sentencing
Legal Topics
Arson, Damage by Fire, Sentencing, General and Specific Deterrence
Criminal Law Arson Damage by Fire Sentencing General and Specific Deterrence

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Parties

Police

Prosecutor

Kevin Francis Barlow

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for offences of arson and damage by fire
  2. 2 Objective seriousness and subjective considerations in sentencing for arson
  3. 3 Application of general deterrence in arson sentencing

Ratio Decidendi

Given the value and seriousness of the damage caused by the two arson offences, and considering objective and subjective factors, the first offence (12 May 2010) warranted a good behaviour bond under section 9 of the Crimes (Sentencing Procedure) Act 1999, while the second offence (14 June 2010) required full-time custody, as the objective seriousness and need for deterrence outweighed mitigating subjective circumstances. The Local Court imposed the highest appropriate sentences within jurisdictional constraints.

Court Disposition

Conviction and sentencing

Orders

  • In respect of sequences 2 and 4, the offender is convicted.
  • For Sequence 2 (12 May 2010 fire): The offender is released on a Bond under section 9 of the Crimes (Sentencing Procedure) Act 1999 for 30 months with good behaviour and supervision conditions.