ODGERS T E

STATE OF TASMANIA v TARLEA EMMA ODGERS 5 JULY 2019

COMMENTS ON PASSING SENTENCE                              BRETT J

 Ms Odgers, you have pleaded guilty to one count of arson and one count of aggravated burglary.

 The crimes were committed on 18 January 2018. You had been drinking alcohol and consuming drugs with three female friends. One of them lived in the unit in which you were doing so, pursuant to a tenancy agreement with Housing Tasmania. She had previously been a tenant in another unit in the same complex, but had caused significant damage to that unit during the tenancy. That unit was vacant and awaiting routine maintenance, although the landlord was not aware of the extra damage. The tenant was concerned that the damage which she had caused would be discovered when the routine maintenance commenced, and that she would be liable for the cost. Accordingly, presumably in your drunken state, the four of you hatched a plan to set fire to the damaged unit so as to cover up the damage. The purpose was to avoid the tenant’s liability for the repair of that damage.

 Three of you, all adults, then broke into the unit. Another female, a youth, waited outside as a lookout. You had with you a lighter, candle and a can of deodorant. You each contributed to setting the interior of the unit on fire. The fire took hold of fixtures and fittings within the unit and the fire brigade attended. It caused significant damage. The cost of repair is $7684.

 Your admissions to police indicate that you had agreed with the others to provide a false story to police about some males being seen near the premises before the fire. However, you did not actually speak to police at the scene because you had suffered an asthma attack, which required treatment. You did hand yourself into police later in the day and participated in an interview in which you made full admissions. I note also that you entered a plea of guilty to these charges at a relatively early opportunity in the Magistrates Court.

 You are now 20 years of age and were aged 18 at the time. You have no prior convictions whatsoever. Your counsel has described the very significant difficulties which affected your life at that time, including some significant mental health problems and involvement with illicit drugs. You had also been involved in an abusive and violent relationship. Your life was at a very low point when you committed these crimes. Since then, you have entered a new relationship with a man who is a positive influence and support for you. I am told that you also receive support from his family and have reconnected with and are supported by some members of your own family. You have worked hard to overcome your problems with illicit drugs. This included attending a residential course at the Salvation Army Bridge program. You demonstrated significant academic potential at school. You had an ambition to become a teacher, but your commission of these serious crimes will prove an impediment, if not make it impossible, for you to ever pursue that ambition, and probably will significant affect your ability to pursue some other forms of employment. Despite this, your potential for employment is demonstrated by the fact that you have been offered an interview for employment with a government organisation, notwithstanding that the potential employer is aware of this matter. This is practical evidence of the real effort you have made to overcome the difficulties described above, and I suspect, is also some indication of the nature of your underlying character.

 You and your companions committed very serious crimes. Arson involves the deliberate destruction of somebody else’s property. In this case it was property that was part of the housing stock to be made available to persons who have financial problem. Further, setting fire to a residential property always endangers the safety of others, including firefighters and others who may attempt to put out the fire. This unit was located in a block of three conjoined units which, in turn, were located within the wider complex. Although, as far as you knew, the other units conjoined to this one, were unoccupied, if the fire had taken hold of the building there must have been a significant risk that other occupied residences would also catch on fire. The potential consequences could have been catastrophic.

 I note that your co-offenders have been dealt with by way of suspended sentences. I see little reason to distinguish between your culpability and that of the tenant, Ms Richards. Although the sentencing judge in that case had some doubts about her commitment to reform, doubts which I do not think exist in your case, I am of the view that the sentence imposed on her is, in substance, an appropriate sentence in your case. The imposition of a sentence of imprisonment marks the objective seriousness of the crimes and sends a message to others who might commit such stupid and criminal acts that such conduct will generally warrant harsh punishment. However, the suspension of the sentence will give you an opportunity to avoid actually serving it. Of course, if you commit a further imprisonable offence during the period of the suspension, it is likely that you will have to serve the sentence. Given the contents of the pre-sentence report, I think, on balance, that while I was considering imposing some community service as a condition of suspension, I think the imposition of the suspended sentence is adequate punishment. And I do not think that, given the potential health problems, that it is worth pursuing the option of community service. I know also that the report has indicated consistently with what I have been told about the steps you have taken to improve your life, that Community Corrections feels that ongoing supervision is not necessary in your case.  I accept that recommendation.

 Accordingly, you are convicted of the crimes to which you have pleaded guilty.  I impose a global sentence of six months’ imprisonment. The whole of that sentence will be suspended for a period of 18 months on the condition that you are not to commit another offence punishable by imprisonment during that period. I make a compensation order in favour of Housing Tasmania in a sum to be assessed and I adjourn assessment of the sum sine die.