A young Goornong man involved in lighting three fires – including one that came within 15 metres of a home in which a 90-year-old woman was sleeping – has escaped serving more time in jail.
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Braydon Poole was sentenced in the County Court this month on two charges of recklessly or intentionally causing a bushfire, to which he pleaded guilty.
Poole was involved in three bushfires that were lit on January 14 and 15, 2016: one about 11.30pm at Lexton, between Avoca and Ballarat, one at Waubra, 14 minutes later, and another at Lamplough, which was reported at 3.48am.
“Fortunately, each fire was extinguished following a prompt response by the CFA,” Judge Paul Grant said.
Poole was also involved in setting alight a haystack at a property at Archdale, on the Avoca-Bealiba Road, in the early hours of January 17, 2016.
The fire spread from the haystack and spread towards a home about 50 metres away.
The CFA managed to stop the fire 15 metres from the house, where a 90-year-old woman was asleep.
She only became aware of the fire when the CFA alerted her.
The destroyed hay was worth $6000.
Judge Grant spoke of a victim impact statement written in relation to this fire.
“He says that he’s moved on from the destruction of his hay,” Judge Grant said.
“Understandably, his main concern is the danger that arose to this 90-year-old mother, who was asleep in the house.
As he says in his statement, and I quote, ‘Her home was close to being burnt down while she slept’.”
In relation to the first set of fires, Judge Grant said the prospect of damage arising from lighting fires in open dry country was obvious.
“It was fortuitous that the CFA attended so quickly and limited the damage,” he said.
He said the second offence was even more serious, as it had exposed an elderly woman to grave danger.
Judge Grant noted Poole was on a community corrections order at the time of the offending for the offence of intentionally causing a bushfire.
He also had a history of other convictions and had been sentenced to a number of community corrections order.
Judge Grant said a lengthy jail sentence would usually result, but Poole’s defence counsel had provided reasons why a short term of time already served and another community corrections order was appropriate.
Poole had already spent 86 days in custody, he said, and told a psychologist it was “horrible” and a wake-up call.
Judge Grant said Poole had complied with the strict bail conditions upon his release and had committed no further offences in the almost three years since the fires.
Poole’s personal circumstances were also stable, Judge Grant said, he was actively involved in a sporting team, he had a partner and young child, and he was working two jobs.
“All of these matters speak very positively for your prospects of rehabilitation,” he said.
He also noted Poole had acknowledged responsibility with his guilty pleas, and had a cognitive impairment.
A psychologist said this meant he had problems with consequential thinking, impulsivity and problem solving, which were exacerbated by his alcohol use.
Judge Grant convicted and sentenced Poole to 86 days’ imprisonment, which was time already served.
He was placed a two-year community corrections order, during which time he must undertake 240 hours of unpaid community work.
Poole was also ordered to undergo assessment and treatment, including testing, for alcohol abuse and dependency, undertake offender behaviour programs as directed and comply with a justice plan.
Judge Grant warned Poole he would “almost certainly” go back to prison if he breached the conditions of the order.
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