THREE men who lit close to 50 fires around Bendigo will each spend at least four years in prison.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Scott Hagley, 36, Justin Hagley, 38, and Andrew Valli, 32, were sentenced in the County Court on Friday, after they last month pleaded guilty to multiple charges of intentionally causing a bushfire and attempting to cause a bushfire.
The trio admitted to lighting a series of fires across central Victoria between early November 2019 and the end of March 2020.
The majority of the fires were lit late on Friday nights when driving back to Bendigo from Shepparton along the Midland and Northern highways, and the Epsom-Barnadown Road.
In most cases, the fires were quickly spotted by another passerby and extinguished after the Country Fire Authority was called.
But one of the December 2019 fires grew to 180 acres in size and caused $64,000 in damage. Two haystack fires in Corop and Rochester in early 2020 also caused about $48,000 in damage.
Judge Peter Lauritsen described the offending as "collectively enormous".
In his sentencing remarks, the judge noted that the three men had been "determined" to light as many fires as possible and were "oblivious" to the potential consequences.
Judge Lauritsen said the bushfires posed the potential for "great damage", and it was only the actions of bystanders and the CFA that limited the extent of the damage.
The judge said even with those efforts, the series of fires cost the CFA a total of $657,448.50.
Judge Lauritsen noted four victim impact statements had been tendered to the County Court during the plea hearings.
He said the fires had left the victims "frustrated" and "anxious", with one of the victims saying they felt "always on edge" and had a "deep sense of anger towards the arsonists".
Judge Lauritsen said while the objective gravity of the offending was "very serious", he also needed to take into account the personal circumstances of the Hagley brothers and Valli.
Read more:
The judge noted that Justin Hagley had been diagnosed with post-traumatic stress disorder after he was involved in a 2014 crash.
Judge Lauritsen said psychological reports showed while Hagley had been responding well to treatment, prison would be more burdensome for him as a result of his condition.
The judge said Justin Hagley had expressed remorse for his offending and his prospects of rehabilitation could be considered as "reasonable".
Judge Lauritsen said like his brother, Scott Hagley's rehabilitation prospects were reasonable.
The judge noted Scott Hagley's diagnosed mild intellectual disability and pyromania were directly linked to his offending and would make prison more burdensome.
Judge Lauritsen said Valli had also been diagnosed with a mild intellectual disability and a condition relating to drug and alcohol abuse, which would make jail more challenging.
The judge noted Valli's likelihood to act without thinking also reduced his moral culpability.
Judge Lauritsen said the men's pleas of guilty held extra value during the COVID-19 pandemic, as court delays had led to a "time of crisis" in the justice system.
The judge said the pleas relieved the prosecution's witnesses from having to give evidence and allowed other cases to be heard sooner.
The prosecution had argued that the men should receive disproportionate sentences for each charge to reflect the seriousness of their crimes.
That would have meant less accumulation between the charges and a longer jail term.
Read more court: Drug trafficker pleads guilty, jailed after Maiden Gully search
But Judge Lauritsen said while he would be sentencing the trio as "serious arson offenders" given their prior convictions, he was not satisfied that a disproportionate sentence was appropriate.
The judge said while differing personal circumstances meant Justin Hagley would receive a longer jail term, all three should be considered as equally responsible for the offending.
Judge Lauritsen sentenced Scott Hagley to six years in jail, with a non-parole period of four years. His 462 days in pre-sentence detention were reckoned as already served.
Justin Hagley was jailed for six years and four months, with 462 days reckoned as served. He will be eligible for parole after four years and two months.
Andrew Valli was also jailed for six years, with a non-parole period of four years. His 462 days in pre-sentence detention were reckoned as already served.
If he did not plead guilty, Scott Hagley would have been jailed for eight years and two months, with a non-parole period of five years and 10 months.
Likewise, Justin Hagley would have been jailed for nine years, with a non-parole period of six years and one month, while Valli would have been sentenced to eight years and seven months in prison, with a non-parole period of five years and 10 months.
Our journalists work hard to provide local, up-to-date news to the community. This is how you can access our trusted content:
- Bookmark bendigoadvertiser.com.au
- Make sure you are signed up for our breaking and regular headlines newsletters
- Follow us on Twitter @BgoAddy
- Follow us on Instagram @bendigoadvertiser
- Join us on Facebook
- Follow us on Google News