DPP v Axisa [2025] VCC 1545

[2025] VCC 1545

County Court of Victoria|2025-10-21

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General information, not legal advice.

At a glance

Source facts

Court

County Court of Victoria

Decision date

2025-10-21

Source

Original judgment source is linked above.

Judgment (7 paragraphs)

[1]

Jason Axisa, on 30 October 2024 you were living in a unit at 18/10 Murray Street, Kerang. The unit was owned by the Department of Families, Fairness and Housing.
At 6.30 am on that day, you set your unit alight. The fire started in the living room. The ignition source was paper ignited by a lighter and WD40 was used as an accelerant.
The CFA arrived at the scene at 6.51 am. They found you at the back of the unit. CFA members put out the fire. You were affected by smoke. You told CFA Captain Ramon Steel that you lit the fire because you were scared.
Police arrived then arrived at 7.05 am. You told them you thought there was something in the roof and you lit the fire. You were also found in possession of a butterfly knife. That is the basis of Summary Charge 3, possess prohibited weapon. You were arrested and you were taken to the Swan Hill Hospital in an ambulance.
The damage to the unit was substantial. In the lounge room, the ceiling collapsed, and the furniture was burnt. In the bathroom, there was damage to the roof space and a partial collapse of the ceiling. There was also some damage to the front bedroom, including damage to the roof area. The fire also spread to the meals and kitchen area, causing extensive damage to the roof space, collapse of the roof, charring of the cupboards and benches.
The estimated cost of repairs to the property is $184,415.
Once you were released from Swan Hill Hospital, you were taken to the

[2]

Police Station at Swan Hill for interview. An independent third person was present. 8. You told the police the following: * you started the fire with a lighter; * you sprayed WD40 on paper bags and then lit the paper bags; * you started the fire in the lounge room; * after starting the fire you got depressed and you wanted to stay inside the unit; * soon after, you left the unit via the back entrance and then re-entered, and then left via the front entrance; * you told the CFA captain you had lit the fire by accident; * you said you were having a nervous breakdown, panicked and lit the fire, and that you thought something was attacking you from the roof; * when police arrived, you told them you lit the fire because of noises in the roof; * you knew lighting the fire would burn down the property; * you said you were sorry for the destruction of the property and almost destroying your neighbour's property. 9. You pleaded guilty to the offences on 11 June 2025, which was a committal mention. 10. The maximum penalty for arson is 15 years' imprisonment, and for possessing a prohibited weapon, two years' imprisonment. 11. You have no prior convictions. 12. The offence of arson is always a serious offence. Not only was the damage caused very extensive, as evidenced of the cost of repairs, but arson also carries the danger that the fire will spread to neighbouring properties, a matter you adverted to in your record of interview. Ordinarily, as your counsel conceded in her written submissions, offending such as this would result in a significant immediate sentence of imprisonment. Considerations of general deterrence, just punishment, would ordinarily dictate that result. 13. As regards the possession of the knife, I accept the explanation that you acquired it because it resembled a weapon in a computer game you play rather than for any aggressive purpose. 14. There are mental state factors that are relevant to the assessment of your moral culpability in this case. A psychiatric report was tendered from Dr Fiona Best, a forensic psychiatrist. 15. In her report, she said that before this incident you had never been admitted to an acute psychiatric inpatient unit, and you had never previously undergone a psychiatric assessment. You told her that four to five years ago you were treated with Mirtazapine and anti-depressant prescribed by your general practitioner, but you stopped using that due to the side effects. You also told her that before the offending in this case, a friend had suggested you attend a counsellor, but you did not. 16. You reported a history of alcohol, cannabis, methamphetamine, ecstasy, MDMA and mushroom use. You started using cannabis when you were 15 years old. You used 1-2 grams per day. You stopped using cannabis after this offending, but you have since started again. You told Dr Best that you use it for "relaxation and sleep". 17. Dr Best says in her report at the time of the offending you were suffering from a cannabis induced psychotic disorder. You presented with persecutory delusions and auditory hallucinations, with the symptoms developing during or soon after cannabis, intoxication and withdrawal. She said the psychotic symptoms did not precede the onset of the cannabis use and did not persist after withdrawal from cannabis. 18. Cannabis induced psychotic disorder is not an accepted enduring mental illness, but Dr Best said there was a causal connection between your psychotic symptoms and the alleged offending, and at the time of the offending, you did not understand the nature and quality of your conduct because of your drug induced psychosis and you were not able to reason with a moderate degree of sense and composure that your conduct was wrong. 19. Those are the tests for mental impairment, but it does not apply in your case because you do not have a recognised psychiatric illness. 20. Dr Best also said you suffer from a methamphetamine use disorder and that your insight in respect of mental health difficulties secondary to substance use is poor. She said you would benefit from "assertive drug counselling". She said your decision to continue using cannabis and methamphetamines increases the risk of a further drug induced psychosis, which increases the risk of re-offending. 21. Even though your psychotic state was drug induced, I am nonetheless of the view that your moral culpability was reduced due to your mental state at the time of the offending. It is undisputed that you did not fully understand the nature and quality of your conduct and that you were not able to reason with sense and composure that your conduct was wrong. You have not previously experienced psychosis of any type. In my opinion, there is no basis to conclude that you understood the likelihood of a psychosis from your marijuana use or that you would offend as a result. 22. Whilst you do not have recognised psychiatric illness, I am still of the view that your psychosis at the time of the offending is relevant to the assessment of your moral culpability and that I should moderate general and specific deterrence in your case. 23. The opinion of Dr Best as to your mental state is consistent with the observations of attending police and at least one of the firefighters. 24. In sentencing you, I take into account the following mitigating matters:

[6]

Civil Construction, but you never graduated from any of these courses. 5. Three years ago, you moved to Kerang and found work on a cannabis farm, where you were employed for about nine months. After that, you worked as a cleaner at a local school up until about two weeks before this offending. You are presently unemployed. 6. I was told that you moved to the Kerang area to be closer to your daughter who is now around three years old, but you have had no significant with her and you led a relatively isolated life whilst you were living in the country. You have had a long history of using cannabis, which I have already described. 7. In the period leading up to this offending, you were using medicinal cannabis daily to assist with your sleep. You ceased using several days before the incident which led to your psychotic state. 8. You have had the one significant romantic relationship which started when you were 17. You are an isolated and introverted person. You spend your time pursuing activities such as painting, drawing, computer games and electronics. 9. In respect of your prospects of rehabilitation, after the offending in this case you moved back to Melbourne, and you have been living in West Heidelberg with your family. You have not re-offended but as I said, you have relapsed back into cannabis use in recent times. This remains a risk factor for you. If you can address your cannabis use, given the absence of a criminal history and your personal situation, in my opinion you are not likely to re-offend but you clearly need some assistance with your ongoing use of cannabis and other drugs. 10. Your counsel submitted I should impose a Community Correction Order in this matter. The prosecution submitted that a Community Correction Order was open in the circumstances of this case. 11. I ordered a Community Correction Order assessment. You have been found suitable. 12. I intend to impose the conditions recommended in the assessment report of supervision, community work and drug rehabilitation. There must be a significant punitive component in the order I impose given the gravity of this offending and I will order 240 hours of community work. I will also order supervision and that you attend for drug assessment and rehabilitation as directed. 13. The duration of the order that I impose is 20 months in this matter, that this order is with conviction. 14. Do you consent to an order in those terms? I will allow 40 hours of program conditions completed to be deducted from the community work that I have imposed. So those are the orders. There is no pre-sentence detention in this matter. A forfeiture was made on the last occasion. 15. Just before we provide you with the document, every Community Correction Order has core conditions. The first is that you not re-offend during the period of the order. If you commit any offence punishable by imprisonment whilst this order is in force you have breached the order and you will be charged with contravention of the Community Correction Order which is a separate criminal offence. You will then be brought back before me. 16. I would have various options, one of which is to re-sentence you for this arson offence and sorry, this order also covers the butterfly knife offence, the summary offence. So I would then have to re-sentence you for those offences and one of the options would be a period of imprisonment. Do you understand? 17. OFFENDER: Yes, Your Honour, 18. HIS HONOUR: Also, you must accept visits and directions from Corrections and so if they want you to come in, if they want to come and see you, you have to abide by that. That is part of the conditions in this case. 19. You must tell them if you change your address, that is a condition. If you leave Victoria, you have to tell them. If you get a job and you change your job, you need to tell them where you are working. There are some other more technical requirements, but they are the fundamental requirements. 20. You also must report to Corrections, which I assume is in Heidelberg, is it, within 48 hours of this order. So you must go and see them. You must go into their office and report. That is the first condition that you must abide by. So you must comply with the supervision and any drug assessment and rehabilitation that Corrections decide is necessary in this case. Do you agree to all of those conditions? 21. OFFENDER: Yes, Your Honour. 22. HIS HONOUR: All right. My associate will bring the document down and you can sign it. Ms Thies, any queries about any of that? 23. MS THIES: No, Your Honour. 24. HIS HONOUR: No, all right. I haven't ordered mental health because it was specifically not recommended in the report, so that's why I haven't done it. 25. MR CORDY: Does Your Honour propose a 6AAA or not? 26. HIS HONOUR: What is the Rule with the CCO's, Mr Cordy? 27. MR CORDY: Yes, I don't you have to, Your Honour. 28. HIS HONOUR: No. You do if it's over a certain length. Just let me check. Look, I'll do it anyway. Twelve months with six months. 29. MR CORDY: If Your Honour pleases. 30. HIS HONOUR: Doing the best I can. 31. MS THIES: If the court pleases. 32. HIS HONOUR: I think it's if they're longer than 18 months I think you have to give a AAA. Is that right, Ms Thies, can you remember? 33. MS THIES: I'm not sure, Your Honour, I'm sorry. 34. HIS HONOUR: No, it's more than two years, Mr Cordy and Ms Thies. 35. MR CORDY: Yes, thank you. 36. HIS HONOUR: I don't have to give a 6AAA, but I have. 37. MR CORDY: You've done it. 38. HIS HONOUR: Mr Axisa, I don't expect you to come back, given the absence of any history, but if you keep smoking, using cannabis as regularly as you have been there is a risk you will have another psychotic episode and that creates a risk that you might re-offend. So you really need to consider your use of cannabis and that's one of the purposes of this order. All right. 39. It was a very serious offence. If it wasn't committed when you were in the grip of some sort of drug induced psychosis, I wouldn't have had much choice but to put you in prison. Do you follow? All right. Ms Thies, thank you. 40. MS THIES: Thank you, Your Honour. 41. HIS HONOUR: Those are the orders I make in this matter. All right. 42. MS THIES: As the court pleases. 43. HIS HONOUR: Mr Axisa, you're free to go. I'm sure Ms Thies will speak to you about the orders that I made. All right. 44. MS THIES: I'll call him now, Your Honour, thank you. If the court pleases. 45. HIS HONOUR: All right. Mr Cordy, I'll come back at 10.15.