STATE OF TASMANIA v GENESIS MEIR-ANDERSON 21 APRIL 2023
COMMENTS ON PASSING SENTENCE ESTCOURT J
The defendant, Genesis Meir-Anderson, aged 35 at the time of the offending, was found guilty by a jury of one count of arson, contrary to s268 of the Criminal Code, two counts of unlawfully setting fire to property, contrary to s269 of the Code and one count of aggravated burglary, contrary to s245 of the Code.
The only substantive issue the jury had to determine on the trial related to the identity of the person who went to 47 Benboyd Circle on 23 September 2020, and unlawfully set fire to a shed erected on that property, unlawfully set fire to a Holden Astra car parked in the driveway next to the house on that property, unlawfully set fire to personal property located in a bedroom of that house and entered the house without the permission of the owner or the occupier with an intent to commit the crime of arson and/or unlawfully setting fire to the property. The jury was obviously satisfied that it was the defendant who did all of those things.
I accept the submission of the State that the crimes were serious and that there is very little to mitigate that seriousness. Although it was a course of criminal conduct over a relatively short period of time, it involved setting fire to four items of property, both real and personal and was motivated by revenge against the defendant’s former housemate and the owner of the Holden Astra.
The defendant has an extensive criminal record although he has no relevant prior convictions.
The house was not destroyed by the fire but it was rendered uninhabitable and whilst vacant it was destroyed by another deliberately lit fire. So, although the overall loss was in the vicinity of some $300,000, there is no available assessment of the damage caused solely by the defendant.
The defendant was also committed to this Court for sentence on one charge of assault contrary to s 184 of the Criminal Code.
The complainant in that matter, who was aged 35 at the time of the offending, and the defendant then aged 36, had been in a relationship together since October 2021, and had been residing together. At the time of offending the complainant was seven weeks pregnant with her and the defendant’s son. The fact that she was pregnant is an aggravating feature of this offence.
On 7 May 2022, the defendant and the complainant attended the Wrest Point Casino together. When they returned home they had an argument about their financial situation and the defendant left the residence without informing the complainant he was leaving. The complainant did not see the defendant again until around 4.30 pm on 8 May 2022, at a mutual friend’s house in Glenorchy. Around this time, the complainant obtained and used a quantity of methylamphetamine. The complainant told the defendant that she had used the methylamphetamine and he became angry with her as she had previously told him she would cease using the drug as she was pregnant. Both the defendant and the complainant were users of the drug at the time.
The pair went home and later the defendant picked up a half full washing basket and threw it at the complainant, who was sitting on the front steps of the residence. The washing basket struck the complainant on her lower torso. The complainant got up off the stairs, entered the residence and ran towards the defendant who then raised his fists as she approached and punched the complainant to the face, hitting her to the left cheek area. The complainant lost consciousness. She later attended hospital and subsequently underwent surgery to the left side of her face. She had three plates inserted into her left eye socket, and one in her left cheek. On 23 May, the complainant attended the Kingston Police Station, and reported the assault.
I have read a Victim Impact Statement prepared by the complainant. She still suffers the physical and psychological effects of the trauma from the assault. The impact pushed her eyeball back into its socket and her cheek bone is now flat, her jaw cracks and she feels pain when she yawns or chews. She feels that her teeth have been moved and she does not want to smile as she is self-conscious of her mouth. She feels like she will always be permanently reminded of what happened. She gets headaches and feels like she has double vision as her eyes are not symmetrical. Her lips, nose and eye socket constantly feel numb. She cannot pronounce some words and thinks that it may be the numbness in her lips. She worries about telling her son why he does not have a father in his life and how she can tell him about what happened to her whilst she was pregnant. She is seeing a psychiatrist and a counsellor to help her understand and to get over what happened to her, and she is starting to realise that it was not her fault.
I take into account all that has been said on the defendant’s behalf by his counsel and in particular I note that he is abstinent of drugs and has pursued a parenting course while in prison. He has a very good relationship with his ex-wife to whom he was married for 15 years before meeting the complainant, and they have a seven year old daughter.
I accept that the defendant has taken stock of himself and has prospects of rehabilitation. I take into account his plea of guilty.
The defendant is convicted of each of the crimes of which he has been found guilty and to which he has pleaded guilty. In respect of the count of arson, the two counts of unlawfully setting fire to property, and the count of aggravated burglary, I impose a single sentence of two years and six months’ imprisonment backdated to 4 August 2022. In respect of the count of assault, which I record as a family violence offence, the defendant is sentenced to 18 months’ imprisonment to be served cumulatively to the sentence of two years and six months. I have taken totality into account. Each sentence is subject to a non-parole period of half of the period of that sentence. By my calculation that makes Mr Meir-Anderson eligible for parole on or after 4 August next year. Given the single nature of the assault and the length of the defendant’s sentence for all crimes, I am of the view that it is neither necessary nor appropriate to make a family violence order.