Man who torched car wins appeal on sentence

A man who committed arson, after animosity between himself and family members boiled over, has won an appeal against his jail sentence.

The win means he is now able to apply for home detention instead.

Sam Gillard, 29, was sentenced in April to 18 months and two weeks’ jail for the arson of a Mercedes-benz in April 2018, as well as having some fines remitted. But Justice Cheryl Gwyn cut that sentence by seven months and one week and, in a recently released High Court decision, allowed Gillard leave to apply to go on home detention.

The judge said the arson was in the context of a family dispute, as there was history of animosity between Gillard, his mother and his grandmother. He described the circumstances as ‘‘complex’’.

Gillard set the car, which belonged to his grandmother’s partner, on fire by pouring petrol on it, which he ignited with a blow torch.

‘‘I think a non-custodial sentence would be the best outcome for Mr Gillard and for society.’’

Justice Cheryl Gwyn

A pre-sentence report noted Gillard said he was exhausted with the past few years’ events, and he just wanted to move forward, get a job and be there for his children.

Psychologists found he was nice enough, wanting to present himself in a positive light, but also suffering from post-traumatic stress disorder and borderline personality traits.

He was also living in his car at the time of the offending.

He took part in restorative justice with his grandmother and her partner, offering to pay $10,000 reparation and apologising.

The victims, meanwhile, did not want Gillard to stay in prison.

The judge said Gillard’s sentence was too harsh because it had been compared to a much more serious case of arson. While there was no direct evidence Gillard’s mental health played a role, his sentence should be further reduced because of it, the judge said.

Gillard was genuinely remorseful and put his victims first upon his release, giving room for a bigger sentence discount. There was also the fact Gillard proactively went to police to confess, four months after the arson and when there was no evidence he was going to be caught.

There was nothing about his crime or personal situation that made prison essential, the judge said.

‘‘Indeed, I think a non-custodial sentence would be the best outcome for Mr Gillard and for society.’’

He was a good candidate for home detention, the judge said.