STATE OF TASMANIA v RENEE HELENE KELLY 4 DECEMBER 2023
COMMENTS ON PASSING SENTENCE BLOW CJ
Ms Kelly has pleaded guilty to a charge of unlawfully setting fire to vegetation, as well as a charge of driving whilst disqualified that I am dealing with under s 385A of the Criminal Code. Both charges relate to events that occurred on 19 February 2023.
Ms Kelly used to have a partner named Kye Douglas Glenn Palmer. They were in a “significant relationship” within the meaning of the Family Violence Act 2004. That relationship ended in January 2023. On the day in question, Ms Kelly was angry with Mr Palmer. They argued with one another via text messages. Ms Kelly tried to phone Mr Palmer, but he did not answer, and he blocked her on a number of social media accounts, preventing her from contacting him. She sent a number of angry messages to Mr Palmer and his mother.
Mr Palmer was living on a property at Magra in a house on an internal block, accessed by a long driveway. Ms Kelly drove part of the way along the driveway, stopped her car, and used petrol to start a grass fire. The fire rapidly spread across a paddock at the front of Mr Palmer’s property and onto an adjacent property owned by a couple named Bowerman. The boundary fence between the two properties was damaged, as were some small sheds, internal fences and stock feed on the neighbours’ property. Once the fire was burning, Ms Kelly got into her car and drove away at speed. She was a disqualified driver. Her disqualification related to her seventh and eighth convictions for driving whilst disqualified.
It was a warm day. The temperature was about 28 to 29 degrees. The wind was blowing from the west/north-west at about 32 Km/h. The fire burnt out about five hectares of farmland, mostly on Mr Palmer’s property, but partly on the adjacent property. The Tasmania Fire Service fought the fire for about six hours before bringing it under control, using 10 water bombing aircraft and 60 volunteer firefighters. The cost to the Fire Service of dealing with the fire has been estimated at $116,000. Mr Palmer was unable to leave his home during the fire. It came very close to his house, but the firefighters were able to bring it under control when it had nearly reached the house. I do not have an estimate of the financial impact of the fire on Mr Palmer. The damage to assets on the neighbouring property has been estimated at about $2,000.
Some 10 days after the fire Ms Kelly voluntarily attended a police station, took part in an interview, cooperated with the police, and made detailed admissions as to what she had done. I accept that she did not foresee the extent to which the fire would grow and did not think about the possible impact on livestock or people other than Mr Palmer.
Ms Kelly was 33 years old at the time of the fire and is now 34. She has a long record of prior convictions, mostly for dishonesty and driving offences. After receiving a number of wholly suspended sentences she went to prison for various offences in 2019, 2021 and this year. She has been in custody in relation to these charges since 4 August 2023 and I will therefore backdate the sentence I impose to that day.
She has been diagnosed as suffering from schizophrenia. She takes medication to control the symptoms of that condition. She has four children, aged between 6 and 16. Two of the children live with her uncle and the others with her sister. She has led an unstable life since the breakdown of a relationship and the death of her mother in 2018, using drugs and sometimes lacking stable housing. There have been times when she has held stable employment and when she has made efforts to overcome her drug problems.
The only appropriate penalty for these offences is a significant sentence of imprisonment. I take into account the fact that it will follow on from a 4-month sentence relating to other offending. I will impose the shortest possible non-parole period in the hope that the Parole Board may be able to help Ms Kelly with a long period of supervised release.
Renee Helene Kelly, I convict you and sentence you to 3 years 4 months’ imprisonment with effect from 4 August 2023. You will not be eligible for parole until you have served 20 months of this sentence. I disqualify you from driving for 3 years 4 months from today. I direct that the conviction for unlawfully setting fire to vegetation be recorded on your criminal record as a family violence offence.
I make two compensation orders, one in favour of Kye Douglas Glen Palmer and the other in favour of Cara Louise Bowerman and Adrian Bowerman. I adjourn both assessments of compensation sine die.