STATE OF TASMANIA v AIDAN ERIC KRAEMERS 4 NOVEMBER 2009
COMMENTS ON PASSING SENTENCE BLOW J
Mr Kraemers has pleaded guilty to a charge of unlawfully setting fire to car and also to a charge of perverting justice. The circumstances are unusual. The car belongs to a friend of his. It kept breaking down. Its owner was finding it a burden. Mr Kraemers decided that it would be a good idea to destroy the vehicle by burning it. He did not tell the owner what he planned to do. He said he had a plan but did not say what the plan was. The owner let him take a set of keys to the car and let him drive it away. Mr Kraemers set fire to the car. He did not have the owner's permission to do that. He therefore committed the crime of unlawfully setting fire to property. The vehicle was damaged beyond repair. The owner took advantage of the situation. He reported the vehicle stolen and made a fraudulent insurance claim. He did those things completely independently of Mr Kraemers. The police began an investigation. In the course of their investigation Mr Kraemers provided them with a statutory declaration giving a version of his movements on the night in question. It was full of lies. He provided the false statutory declaration in order to avoid being prosecuted for unlawfully setting fire to the car. By doing that, he committed the crime of perverting justice.
Mr Kraemers was 21 years old when he committed these crimes and is now 22. He has no significant prior convictions. He is a family man, and operates a small business. He has never been unemployed. He did not burn the car out of malice or with a view to financial gain. The car owner was prosecuted for making a false report to police and for attempting to dishonestly acquire a financial advantage. A magistrate ordered him to perform community service.
I have come to the view that these crimes, together, are so serious that it would not be appropriate to impose a fine or to impose a suspended sentence of imprisonment. As the car owner was sentenced to perform community service, I would have preferred to have imposed a community service order on Mr Kraemers. A probation officer has made it clear that he is not considered suitable for community service. I think the only appropriate penalty therefore is a very short sentence of imprisonment. I think these crimes are serious enough to warrant an immediate custodial sentence.
Aidan Eric Kraemers, I convict you on both charges and sentence you to fourteen days' imprisonment. I order you pay your victim of crimes compensation levies of $100 within 28 days after your release from custody.