R v Masters [2021] NSWDC 315
Given the offender’s high-order recklessness in deliberately igniting a mattress that destroyed the apartment complex, the significant financial and emotional harm caused, and the offender's background affecting his moral culpability, imprisonment is the only appropriate penalty. Special circumstances exist warranting a longer parole period for supervision.
- Jurisdiction
- Australia
- Judgment Date
- 30 April 2021
- Procedural Posture
- Criminal / Sentencing
- Outcome
- Conviction and sentence
- Legal Topics
- ['property Offences' 'arson' 'sentencing Procedure' 'findings of Fact' 'moral Culpability']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal / Sentencing
Legal Issues
- 1 ['Appropriate sentence for damage property by fire under s 195(1)(b) Crimes Act 1900 (NSW)' 'Assessment of moral culpability and objective seriousness' 'Consideration of special circumstances and prospects for rehabilitation']
Ratio Decidendi
Given the offender’s high-order recklessness in deliberately igniting a mattress that destroyed the apartment complex, the significant financial and emotional harm caused, and the offender's background affecting his moral culpability, imprisonment is the only appropriate penalty. Special circumstances exist warranting a longer parole period for supervision.
Court Disposition
Conviction and sentence
Orders
- ['Offender convicted pursuant to s 195(1)(b) Crimes Act 1900 (NSW)' 'Term of imprisonment of 5 years and 10 months, with a non-parole period of 3 years and 10 months' 'Non-parole period from 20 March 2019 to 19 January 2023; balance of term expires 19 January 2025' '10% discount for plea of guilty' 'Special...
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