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An Aberdare man found guilty of lighting two fires in Cessnock during a summer of disastrous bushfires, has narrowly escaped jail time.
Jake Graham Brown, 25, denied he was responsible for lighting two blazes at Neath and Aberdare on a hot and sticky day on December 27, 2019, which quickly got out of control.
Police facts said officers were on Greta St, Aberdare at about 11pm that day when a soot-covered Brown emerged from bushland and told them he was a volunteer firefighter for the NSW Rural Fire Service and that he had fought another fire that day.
He was referring to a bushfire at Northumberland St, Neath more than two hours earlier.
The court heard Brown was heavily intoxicated that day after he drank two cartons of beer and was feeling highly suicidal when he went into bushland.
In May, he was found guilty of two counts of causing or setting fire to the property of another, while he was found not guilty of two other charges of intentionally setting out to cause both fires and being reckless as to its spread.
In Cessnock Local Court on Wednesday, Brown appeared in person dressed in all black, as Magistrate Andrew Millar said he accepted there was no planning and it was “spontaneous acts”.
Magistrate Millar highlighted the fact the lighting of both fires were close to residential premises and it was by luck they didn’t spread.
“The fire was of limited scope, it was of luck, there was no threat to persons or premises,” he said.
He said there was some evidence Brown was suffering severe anxiety and had mental health issues at the time of the offending, but said there was no direct evidence of a casual link.
Magistrate Millar also told the court it didn’t reduce his moral culpability that he was intoxicated and had alcohol issues.
Cessnock Local Court heard Brown drank two cartons of beer before lighting the fires. Picture: Emily Burley.
“I accept there is some remorse, but limited. There has been no plea and he is not entitled to any discount,” he said.
“Fires are dangerous to the community and there is a need to protect the community, these are serious offences, although he will be better rehabilitated in the community with strict supervision.”
Brown was sentenced to a 12 month intensive corrections order (ICO), a jail term to be served within the community and had conditions imposed he must undertake drug and alcohol counselling, remain abstinent and submit to a mental health assessment.
Jake Graham Brown, 25, denied he was responsible for lighting two blazes at Neath and Aberdare on a hot and sticky day on December 27, 2019, which quickly got out of control.
Police facts said officers were on Greta St, Aberdare at about 11pm that day when a soot-covered Brown emerged from bushland and told them he was a volunteer firefighter for the NSW Rural Fire Service and that he had fought another fire that day.
He was referring to a bushfire at Northumberland St, Neath more than two hours earlier.
The court heard Brown was heavily intoxicated that day after he drank two cartons of beer and was feeling highly suicidal when he went into bushland.
In May, he was found guilty of two counts of causing or setting fire to the property of another, while he was found not guilty of two other charges of intentionally setting out to cause both fires and being reckless as to its spread.
In Cessnock Local Court on Wednesday, Brown appeared in person dressed in all black, as Magistrate Andrew Millar said he accepted there was no planning and it was “spontaneous acts”.
Magistrate Millar highlighted the fact the lighting of both fires were close to residential premises and it was by luck they didn’t spread.
“The fire was of limited scope, it was of luck, there was no threat to persons or premises,” he said.
He said there was some evidence Brown was suffering severe anxiety and had mental health issues at the time of the offending, but said there was no direct evidence of a casual link.
Magistrate Millar also told the court it didn’t reduce his moral culpability that he was intoxicated and had alcohol issues.
Cessnock Local Court heard Brown drank two cartons of beer before lighting the fires. Picture: Emily Burley.
“I accept there is some remorse, but limited. There has been no plea and he is not entitled to any discount,” he said.
“Fires are dangerous to the community and there is a need to protect the community, these are serious offences, although he will be better rehabilitated in the community with strict supervision.”
Brown was sentenced to a 12 month intensive corrections order (ICO), a jail term to be served within the community and had conditions imposed he must undertake drug and alcohol counselling, remain abstinent and submit to a mental health assessment.