STATE OF TASMANIA v CARLTON GOODSEN 20 APRIL 2023
COMMENTS ON PASSING SENTENCE BRETT J
Mr Goodsen, you have each pleaded guilty to the crime of unlawfully setting fire to property.
You and your co-offender committed this crime on 14 July 2022, at Rosebery, where you both live and work. This was an act of vandalism born out of drunken stupidity. You committed the act in the early hours of the morning after a drinking session which you were both engaged in which lasted for several hours. You were walking home together when you noticed a large excavator parked at the local railyard. The excavator was owned by a Tasmanian company, and had been used by it for ongoing work on a section of railway between Zeehan and Rosebery. For a reason which you can now not explain, and could not bear any rational explanation in any event, you both spontaneously and mutually decided to set the excavator on fire. Despite the spontaneous nature of this decision, you each showed some determination because it took a couple of attempts and some innovation to achieve your goal. In the end, the fire was set by the removal of the hatch revealing the excavator’s air horn, which one of you was able to light with a portable lighter.
Local firefighters were alerted by nearby residents. They attended and extinguished the blaze. However, the excavator sustained extensive damage. Some components were salvaged but otherwise the excavator was effectively destroyed. The net loss amounts to $195,000.
The gratuitous destruction of someone else’s property, solely for the purpose of your own misplaced entertainment, is a serious matter. Such a fire will almost certainly involve a response from, and consequent risk, to firefighters. The risk inherent in such an act also involves the possibility that an innocent person seeing the fire, might attempt to intervene. The prosecution concedes that, on this occasion, there was no actual risk to nearby residences.
Mr Goodson, you are now 24 years of age. Your criminal history consists largely of traffic offences although some of those offences involve the misuse of alcohol. Your counsel tells me that you have also had a problem with the use of illicit substances. You are currently employed by a local construction firm and your employer has provided a testament which speaks highly of you.
I am satisfied that this criminal act was out of character for you. I am also satisfied that it is not something that you would have done but for your intoxication. However, intoxication, of course, does not mitigate your conduct. I accept that you are remorseful and are not likely to repeat this conduct. An indication of your remorse is the fact that, on the day following this crime, you along with your co-offender handed yourself into police and admitted what you had done. You also entered a plea of guilty in the Magistrates Court at an early opportunity.
The objective seriousness of this criminal conduct, and the need to deter others from similar acts of criminal stupidity, requires the imposition of a sentence of imprisonment. However, in view of your early pleas of guilty and your prior good character, I intend to give you the opportunity to avoid actually serving this sentence. I intend to impose a wholly suspended sentence, but will require you to perform community service.
The orders I make are as follows:
- You are convicted of the crime and sentenced to imprisonment for a term of 12 months. The sentence will be wholly suspended for a period of 36 months on the following conditions:
- that you are not to commit another offence punishable by imprisonment during that period.
- that you will perform community service for a period of 182 hours. The court notes that the sections referred to in s 24 (5A) of the Sentencing Act apply to this condition. For the purpose of those provisions:
- you must report to a probation officer at the office of community corrections in Burnie within 3 clear days of today and
- the operational period of the order is 36 months.
- I make the following compensation orders:
- In favour of NTI Limited in the sum of $192,500
- In favour of DP Equipment Tasmania Pty Ltd in the sum of $2,500.