R v Markarian [2019] NSWDC 374

R v Markarian [2019] NSWDC 374

The offence was a very serious example of intentionally damaging property by fire: it involved planning, use of petrol as an accelerant, a residential unit block at night, a high risk to human life, disregard for public safety and no genuine remorse. Although the offender had limited criminal history, good prospects of rehabilitation, health issues, likely more arduous custody and special circumstances, general and specific deterrence required a sentence of full-time imprisonment, with a 5% discount for the utilitarian value of the late guilty plea.

Jurisdiction
Australia
Judgment Date
18 April 2019
Procedural Posture
Criminal Sentencing / Sentence After Plea of Guilty
Outcome
Convicted and sentenced to full-time imprisonment.
Legal Topics
['damage Property by Fire' 'intention to Cause Bodily Injury' 'imprisonment' 'hardship' 'special Circumstances' 'general Deterrence' 'remorse' 'rehabilitation']
['criminal Law' 'sentencing'] ['damage Property by Fire' 'intention to Cause Bodily Injury' 'imprisonment' 'hardship' 'special Circumstances' 'general Deterrence' 'remorse' 'rehabilitation']

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Procedural Posture

Criminal Sentencing / Sentence After Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for intentionally damaging property by fire with intention to cause bodily injury to Jiana Yu under s 196(1)(b) of the Crimes Act.' "Whether the offender's subjective circumstances, including health, mental health, delay, limited criminal history and first time in custody, warranted leniency or a finding of special circumstances." 'Whether the offender had genuine remorse for the offending.']

Ratio Decidendi

The offence was a very serious example of intentionally damaging property by fire: it involved planning, use of petrol as an accelerant, a residential unit block at night, a high risk to human life, disregard for public safety and no genuine remorse. Although the offender had limited criminal history, good prospects of rehabilitation, health issues, likely more arduous custody and special circumstances, general and specific deterrence required a sentence of full-time imprisonment, with a 5% discount for the utilitarian value of the late guilty plea.

Court Disposition

Convicted and sentenced to full-time imprisonment.

Orders

  • ['Convicted.' 'Sentenced to a term of full-time imprisonment of four years nine months commencing 13 March 2019 and expiring 13 December 2023, with a non-parole period of three years expiring 13 March 2022.']