STATE OF TASMANIA v NATHAN MATTHEW HARRISON 31 JANUARY 2023
COMMENTS ON PASSING SENTENCE BLOW CJ
Mr Harrison has pleaded guilty to a charge of arson and to two related summary offences that I will deal with under s 385A of the Criminal Code. The charges relate to a fire that Mr Harrison started on 2 March 2022.
Mr Harrison was 46 years old at the time of the fire and is now 47. He has had an alcohol problem for about 30 years. In early 2020 he was arrested and charged with some sexual offences. After that he apparently developed some psychiatric symptoms. He experienced auditory hallucinations. He kept hearing the voice of a detective, whom he had never met. He was living alone in a Housing Tasmania unit in Bridgewater. On the day of the fire, after getting very drunk, he was troubled by the voice of the detective. He believed that the detective had placed listening devices in his unit. He decided to set fire to the unit. He took a jerry can to the home of a friend, bought about 4 litres of petrol, returned home, spread the petrol throughout the unit, set it alight, closed the front door, locked it, and walked to the home of a friendly neighbour, where he had another beer.
The Tasmanian Fire Service attended, but found the unit locked. Mr Harrison laughed when he saw the firefighters trying to gain entry. A neighbour got him to hand over his key. The firefighters entered the unit and put out the fire, but there was substantial damage. It has been estimated that repairs will cost about $150,000.
Four police officers attempted to speak to Mr Harrison. When one of them told him that he was under arrest Mr Harrison punched him. Four officers attempted to restrain him but he resisted arrest by struggling, pushing out at them, and moving his arms so that handcuffs could not be applied. He has pleaded guilty to charges of assaulting a police officer and resisting a police officer.
Mr Harrison has convictions for a number of alcohol related offences, as well as convictions for assaults committed in 2001, 2007, 2008 and 2013. He was arrested after midnight on the night of the fire and has been in custody ever since. In May of last year a magistrate sentenced him for the sexual offences that I referred to earlier. He was sentenced to 85 days’ imprisonment with effect from 3 March 2022 on two charges of doing indecent acts directed at a young person under the age of 17 years. He has been in custody in relation to the present charges alone since 26 May.
Mr Harrison was interviewed by police on the night of the fire and made full admissions. He is now sorry that he started the fire. He pleaded guilty without any unreasonable delay once it was established that he did not have a defence based on the state of his mental health. Because of the state of his mental health at the time of the fire, this is not an appropriate case for me to impose a penalty designed to deter others from committing similar crimes. Mr Harrison not only caused substantial damage to the unit belonging to Housing Tasmania, but also destroyed his home and many of his personal possessions. I was informed that he had been involved in wood cutting, handyman and roof repair work in the years preceding his arrest.
A probation officer has provided me with a detailed report about Mr Harrison. It appears from that report that Mr Harrison had a drug problem before he was taken into custody, and that he has a serious mental health problem, the nature of which has never been diagnosed. I have been provided with a thorough report by a Forensic Psychiatrist who considers that Mr Harrison does not have a long-term psychotic disorder such as schizophrenia. His psychiatric history and symptoms appear to be unusual, creating difficulties in arriving at a diagnosis.
In the circumstances, the only appropriate course is for me to impose a sentence of imprisonment and to make a community correction order that requires Mr Harrison to be supervised by a probation officer. I will not make provision for parole because I think it is more appropriate for Mr Harrison to spend 18 months on probation.
Nathan Matthew Harrison, I convict you on all charges. As a global penalty I sentence you to ten months’ imprisonment with effect from 26 May 2022. I make a community correction order, to operate for 18 months after your release from prison, with special conditions that during that period:
a You must submit to the supervision of a probation officer as required by that probation officer;
b You must undergo assessment and treatment for drug dependency as directed by a probation officer; and
b You must submit to medical, psychological or psychiatric assessment or treatment as directed by a probation officer.
I order you to pay compensation to the Director of Housing for the damage suffered by him or her. I adjourn the assessment of that compensation sine die.