STATE OF TASMANIA v SETH WILLIAM TOWNSEND 18 August 2023
COMMENTS ON PASSING SENTENCE JAGO J
Mr Townsend, you have pleaded guilty to two counts of arson, and once count of criminal code assault. The first crime of arson was committed on 28 September 2022. At around 6.30 pm you set fire to a house in Devonport. You did this by reaching through a broken window and setting fire to a towel that was being used as a curtain. CCTV footage shows you at the window of the residence, setting the fire, for approximately 20 seconds. You then ran off and left the area with your girlfriend. Fortunately, a neighbour heard a fire alarm and followed the sound to the house. Flames were observed. Tasmania Fire Service were called and attended and extinguished the fire. The fire caused extensive damage to the bedroom area and adjacent rooms. The value of the damage is estimated to be approximately $35,000, with an additional $5,000 damage to contents.
On Sunday, 2 October 2022 you returned to the same house. This time you went there in company with another man. You and your accomplice entered the property with the intention of setting fire to it. Numerous flammable items, including furniture and cardboard boxes, were piled up. Your accomplice set fire to the material. You encouraged him to do so. The fire quickly spread. Neighbours observed it and called the fire service. The fire was extinguished. This fire destroyed one half of the house and caused damage to other areas. The value of the damage is estimated to be approximately $400,000. There was also damage to contents valued at $50,000.
The house was unoccupied at the time of both fires and had been boarded up since about June 2022. You had previously resided at this house with the son of the owner. It seems your decision to light the fire on the first occasion was spontaneous. You were walking past when you decided to set fire to the towel. You knew the towel was there from when you had lived at the residence. The second occasion came about at the suggestion of your accomplice, it seems. He was apparently aware of the first fire and suggested to you that you return to the property to “finish it off”. You agreed to do so. In my view, there is no reason to distinguish between your criminal responsibility and that of your co-accused for the second arson. It was very much a decision made and pursued together. It seems you and you co-accused took some pride in what you had done. The following day you returned to the property and recorded videos inside the house. They were posted on social media. You were boasting about lighting the fire.
The crime of assault occurred on 19 January 2023. You punched a friend of yours once to the face. The two of you had been at a social gathering. It was to mark the passing of a friend who had died in a motor vehicle accident. Alcohol was being consumed at the gathering. The complainant became involved in a verbal argument with others and was asked to leave. He became aggressive and started to head-butt walls and throw items of furniture around the property. Your partner asked you to escort him from the property and you did so. The complainant was on his push bike, apparently about to leave, when he made an untoward comment about the friend who had passed away. You reacted and punched him once, hard to the face. As a result of the punch the complainant sustained a complete avulsion of three teeth, a full thickness upper lip laceration, and a laceration inside the mouth behind the lower lip. You were subsequently arrested and spoken to by police and you admitted what you had done.
You were 18 years of age when you committed both crimes of arson and 19 when you committed the assault. You have experienced a most difficult upbringing. Whilst your early years were quite happy and stable, your mother re-partnered when you were still quite young. Your step-father was physically violent, both towards your mother, yourself and your siblings. On occasion, your mother would endeavour to intervene, but the violence would only worsen. Your mother became a heavy user of cannabis and alcohol. After your mother divorced your step-father, she was unable to cope and the family home fell into disrepair and was eventually re-possessed. You were 14 when this happened and you have been largely homeless since. In March 2023 you were provided with a Housing Tasmania unit which was the first stable housing you have had for several years. You and your mother were living in that unit prior to your remand in custody.
You were exposed to both alcohol and cannabis use within the family home from an early age. You have been using both substances since you were approximately 13. Your alcohol consumption, in particular, has been quite chronic at times. You have a long history of both illicit substance use and excessive alcohol consumption. You say you were under the influence of alcohol when both of the arson crimes were committed.
You have a lengthy history of criminal offending as a youth. It started when you were 12. It includes you being sentenced by the Youth Justice Court for many offences of dishonesty, committed, I am told, to support yourself whilst homeless. You have also been before the courts for offences of destroying and injuring property, trespass, bail offences, offences under the Misuse of Drugs Act, and offences against police. Relevantly, you have also been sentenced for offences of unlawfully setting fire to vegetation, unlawfully setting fire to property and common assault.
In May 2022 you were involved in a significant motor vehicle accident. You were a passenger in a motor vehicle that was being driven at very high speed. The driver of the vehicle lost control. You and a number of other passengers were thrown from the vehicle. You watched one of your close friends die from the impact. It was for this friend that the social gathering, to which I have referred, was held. Other passengers received very serious injuries. You received a severe gash on your knee and a concussion. You were referred to a psychologist following this, and had an MRI on your head. You have never seen the psychologist, nor received any counselling following this incident. I am told your consumption of alcohol increased markedly after this incident.
You have been remanded in custody continually on this matter since 13 June 2023. Before that, there were shorter periods of time you spent remanded in custody. This is your first experience in adult prison and I am told you are finding the experience most difficult. Your family is unable to travel from the North West coast to visit with you.
There is no question that arson is a very serious crime. You set fire to a house on two separate occasions for no apparent reason. Significant damage was occasioned. The act of setting a house on fire in a residential area is obviously dangerous. There is always a risk that the fire will spread to neighbouring properties. There is also the risk to fire fighters and others who may seek to intervene. General deterrence, therefore, is an important sentencing consideration.
As to the assault, that left the complainant with serious injuries. I have been provided with an impact statement. The complainant found the incident traumatic. He was in pain afterwards and struggled for some time to come to terms with what had happened, particularly because you were his friend. General deterrence and denunciation are relevant considerations, as too is personal deterrence given your prior criminal behaviours. I am also of the view however, particularly given your young age, that rehabilitation remains a relevant sentencing consideration. The pre-sentence report I obtained in respect to you indicates that you would benefit from structured support within the community following your release from prison. I accept that you now recognise the seriousness of your behaviour. In respect to the arsons you have expressed remorse and relief that no persons were harmed. You have apologised to the victim of the assault. As I noted, he was a friend. That friendship has come to an end, which is also something you regret. I take into account your pleas of guilty. They were entered at a relatively early opportunity and are consistent with your expressed remorse.
The objective seriousness of the crimes of arson and the need for general deterrence requires the imposition of a significant sentence of imprisonment. The sentence imposed for the crime of assault must reflect the Court’s intolerance for violence and the need to recognise the harm you caused. I intend to sentence the arsons and assault separately and will therefore appropriately moderate the sentences to allow for totality. I am of the view that part of that periods of imprisonment I intend to impose should be suspended to encourage your rehabilitation. Given your young age, and with structured supervision and support from Community Corrections, it can only be hoped that you may be able to change your ways.
The orders I make are as follows. You are convicted of all crimes to which you have pleaded guilty. In respect to the two counts of arson I impose one sentence. You are sentenced to a term of 18 months’ imprisonment, which will be backdated to commence on 20 May 2023 to take into account time already spent in custody. The last twelve months of that period of imprisonment will be suspended for a period of two years on the following conditions:
- That you are not to commit another offence punishable by imprisonment during that period; and
- That you will be subject to the supervision of a probation officer. You must comply with this condition for a period of 18 months. That period will commence as at the date you are released from prison. The conditions set out in s 24 of the Sentencing Act will apply to this order. These include conditions that you must report to a probation officer at Community Corrections, Devonport, within three working days of your release from prison.
In addition to the core conditions, the order shall also include the following special conditions:
- you must, during the operational period of the order, attend educational and other programs as directed by the court or a probation officer;
- you must submit to the supervision of a probation officer as required by the probation officer;
- you must undergo assessment and treatment for drug dependency as directed by a probation officer,·
- you must submit to testing for drug use as directed by a probation officer;
- you must undergo assessment and treatment for alcohol dependency as directed by a probation officer;
- you must submit to testing for alcohol use as directed by a probation officer;
- you must submit to medical, psychological or psychiatric assessment or treatment as directed by a probation officer;
- you must attend, participate in and complete the EQUIPS addiction program, as directed.
I make a compensation order in favour of Adrian Hall and/or his insurance company, the terms of the assessment will be adjourned sine die.
In respect to the crime of assault, you are sentenced to imprisonment for a period of three months, cumulative to the period of imprisonment just imposed. The whole of that period of imprisonment will be suspended for a period of two years from today on condition that you are not to commit another offence punishable by imprisonment during that period.
The end result, Mr Townsend, is that you will be required to serve six months in prison as from 20 May 2023. There is an additional 15 months’ imprisonment which I have suspended to give you the opportunity to show you can make changes. I strongly encourage you to engage with Community Corrections. If you fail to do so, or if you breach the terms of the suspended sentence by committing any offence punishable by imprisonment, and I emphasise the word “any” during the period of the suspension, you can be brought back to this Court and an application made that you serve the period of imprisonment that I have suspended. The law is that a judge must activate that sentence unless it is unjust to do so.