DPP v Chetcuti [2025] VCC 1807

(a) The cause of the fire was the ignition of combustible materials in the barber shop, including the chairs, the couch, furniture, and timber flooring assisted by the presence of petrol.

(b) The source of the ignition given the presence of petrol was concluded to be direct ignition, by means of a match or a cigarette lighter being the source of ignition.

1. Ms Noonan collected a number of items from the scene, including a screwdriver, wheel wrench, a yellow nozzle with black cap, and a lighter.
2. Ms Noonan submitted items 1-9 to the Fingerprint and DNA branches for further examination. The results of testing on the screwdriver, the yellow nozzle with black cap and the black lighter implicated both you and your co-offender as outlined in the prosecution opening.
3. A search warrant was executed at the premises by members from the Viper Task Force. During the search police located and seized hard drives containing CCTV.

1. At 5:04am, CCTV captured a bronze Toyota Corolla entering the carpark of the barber and vape shops. Mr Grzunov was the driver of the vehicle and you were the passenger.
2. At 5:05am, the vehicle parked next to a white van. Mr Grzunov opened the driver's side door and spilt water out of a plastic bottle. He then pulled up a neck warmer to cover his mouth.
3. At 5:06am, Mr Grzunov exited the driver's side of the vehicle. He inspected the perimeter and returned to the vehicle which was pointing towards the front fence of the barber shop.
4. At 5:07am, Mr Grzunov exited the driver's side of the vehicle and opened the rear driver's side door. He took out a ladder and in his right hand was holding a screwdriver. He also took out a can of WD40 and went out of camera view. You then exited the front passenger seat. Your left hand was bandaged. You walked over to the fence whilst not wearing any shoes and then returned to the car sitting in the driver's seat. Mr Grzunov approached you and you exited the vehicle.
5. At 5:11am, Mr Grzunov sat down inside the car and gave the blue and white Puma shoes that he was wearing to you. Mr Grzunov then exited the vehicle still holding the screwdriver in his right hand and placed the ladder back inside the vehicle. He then walked over to the front gate where he left the screwdriver.
6. At 5:15am, Mr Grzunov took the tyre iron out of the boot and placed it on the ground near the gate and returned to the vehicle.
7. At 5:18am, Mr Grzunov was sitting in the driver's seat. He exited the vehicle holding the tyre iron in his left hand and took out the ladder. He also took out a red coloured fuel container and passed it to you. He then returned and sat back inside the vehicle. Mr Grzunov exited the vehicle and got back in as a Police Divisional van drove past.
8. At 5:20am, CCTV from inside the barber shop captured the front entry door of the shop being smashed and you entering. You had the red fuel container and dropped it due to an injury on your left hand. You walked to the rear of the shop spreading flammable liquid inside the store. You dropped the fuel container near the point of entry and then ignited the fuel with your right hand using a cigarette lighter.
9. CCTV from the carpark captured Mr Grzunov panicking and his hood coming off as you ignited the fuel inside the shop.

1. On 30 May 2024, investigators commenced reviewing the CCTV footage and immediately recognised Mr Grzunov as being one of the offenders. Investigators interrogated phone records as outlined in the opening at paragraphs [27] to [35] and also obtained relevant medical records pertaining to your hand injury (at [36]).
2. On 12 April 2024, investigators attended an address in Reservoir and arrested you inside a caravan in the rear yard, including for other matters. You were conveyed to the police station, charged and remanded. Mr Grzunov was arrested on 2 May 2024 and warrants executed as outlined in the opening.

1. The quantum of the damage, as alleged and as agreed in the amended opening, is $617,178.17.

1. Mr Sadiq today provided a victim impact statement in which he outlines the profound impact of your offending. He states that since the offending, 'every aspect of my life, wellbeing, and emotional stability has been profoundly and permanently affected.' He explains how his business was everything to him - 'I poured all of my energy, time, effort and money into it for 15 years. Then it all was destroyed in minutes and I couldn't do anything to stop it. I came to Australia for a peaceful and better life and this is what happened to me.' He also refers to the significant financial consequences of your offending on him and his family. Further, he speaks of his 18 years of barbering and the passion he had for his work. He states now, 'I can no longer continue my career in barbering as I keep seeing flashbacks of what happened to my business.' He feels unsafe in public spaces and experiences nightmares and flashbacks.
2. I take into account the significant impact of your offending.

1. The objective gravity of arson is reflected in the maximum penalty of 15 years imprisonment. The circumstances, and the corresponding sentences, for arson vary, as indicated in the case of Salmi v The Queen where the Court of appeal examined the sentencing landscape. Although not referred to by Counsel, I have had regard to the available sentencing statistics and a variety of cases, noting of course their limitations and that each case needs to be decided on its own facts and circumstances.
2. There are a number of factors relevant to an assessment of the gravity of your offending. The prosecution refer to the following features - the offending occurred in the early hours of the morning, at approximately 5:20am, assumingly to avoid detection; you smashed the front entry door of the shop and spread flammable liquid inside and ignited the fuel using a cigarette lighter; and there was a significant risk of rapid spread, not only because the Barber shop would have ordinarily contained flammable materials, but also because it shared a wall with a vape store. The prosecution also submit that your actions disrupted the peace and security that the owners and occupants of the shops were entitled to feel and demonstrates a 'brazen disregard for the peace and sense of safety' of the owners and occupants of the shops.
3. Your Counsel, quite appropriately, concedes that your offending is serious, 'both objectively and subjectively.'
4. In my assessment I take into account the significant damage caused, totalling over $600,000 and I take into account the 'quantum of damage and costs' as outlined at paragraph [15] of the Prosecution submissions of 4 September 2025. I also, as already stated, take it into account the impact of your offending.
5. I note your instructions and comments to psychologist Ms Carla Lechner that you 'went along with a bloke' and assisted when asked. Of course, such statements are untested and unexplored. From what is known of the circumstances of the offending, I infer that there was some pre-planning to the offending by both you and your co-accused. In your case, I accept that there is no evidence of actual or intended financial gain, or an intention to harm, scare or endanger persons.
6. The offence of arson carries significant dangers and risks and, as already noted, the building was adjoined to a vape store. There is no evidence of anyone being endangered. While the offence may have been committed in the early hours to avoid detection, I consider it was also committed at a time when business premises would be expected to be unoccupied. I take into account the method by which you ignited the fire, which was captured clearly on the footage. You intentionally spread petrol on the floor and then ignited it.
7. While the cases reveal that there are more serious examples of arson, in all the circumstances, I consider that your offending is serious and your moral culpability for the offending is high.

1. Your plea of guilty was entered at an early stage which entitles you to an important sentencing discount. Your plea is of utilitarian value and has ensured no witnesses have been required to attend Court to give evidence at a trial. I also accept that your plea indicates a willingness to facilitate the course of justice and accept responsibility.
2. Your Counsel also submits that there is evidence of some remorse, as indicated in your statement to Ms Lechner that you are 'deeply ashamed of [your] actions'. The prosecution submit that there is insufficient evidence before the Court of genuine remorse and refer to your apparent minimisation of the offending during your assessment with Ms Lechner.
3. Subsequent neuropsychological assessment suggests that your cognitive difficulties are not of a nature, or to such an extent, as to impair your judgment or understanding of the wrongfulness of your actions. Testing however did reveal mild cognitive difficulties and previous records document a severe traumatic brain injury. It is also apparent that you were using significant amounts of drugs at the time of your offending and that your circumstances had declined. Assessed against this background, I am prepared to accept that there is some limited evidence of an expression of genuine remorse, though you need to develop further insights into the extent and seriousness of your actions.

1. As already noted, you have been on remand since your arrest on 12 April 2024 but have no available pre-sentence detention. This is because you are currently serving a sentence imposed on 6 October 2025. On this date you were sentenced to a total effective sentence of 3 years and 10 months imprisonment with a NPP of 28 months. A total of 361 days was reckoned as pre-sentence detention. I have received the sentencing reasons of Judge Blair. In brief summary, there were two separate indictments before the Court. On 15 September 2025, along with other co-offenders, you pleaded guilty to one charge of home invasion and theft and related summary offences. The home invasion was constituted by planned and pre-meditated offending that occurred on 10 April 2024. It involved you, with others, impersonating police to effectively gain entry into an apartment, occupied by a couple and their son. Consistent with your intent upon entry being theft, you stole jewellery from a safe worth over $100,000 and then left. As the sentencing judge remarked, the offending represented 'a well-planned, deceptive, brazen and outrageous example of home invasion.' On a separate indictment you also pleaded guilty to two charges of prohibited person possess firearm and one charge of prohibited person possess imitation firearm, relating to firearms located at your address upon the execution of search warrants on 12 April 2024. You were on three counts of bail at the time of your offending.
2. Earlier on 20 September 2024 you were also sentenced to a total effective sentence of 60 days to commence on 12 April 2024 and a total effective sentence of four months to commence on 10 June 2024. One hundred and fifty-six days of pre-sentence detention was reckoned in relation to the second of those matters. The net effect was that this sentence lapsed on 9 October 2024 and you therefore had 361 days directly referrable as pre-sentence detention for the matter before Judge Blair. I note for completeness that Her Honour was informed that you had a forthcoming plea, that is, this matter, outstanding.
3. I accept, as submitted by your Counsel, that totality is an important consideration in your case. The current offending was committed relatively close in time to your earlier offending. Of course, as submitted by the prosecution, your other offending however represents distinct and separate criminality.

1. Your personal circumstances were outlined by your Counsel and are canvassed in the reports that are before the Court (see in particular, Ms Lechner, 23 July 2025) and in the sentencing reasons of the Court on 6 October 2025. Borrowing largely from these reasons, your circumstances can be summarised as follows.
2. You are now 45-years of age.
3. You grew up in Sunbury with your mother, father, older brother and two younger sisters. Both of your sisters are now deceased, having passed away in tragic circumstances which have clearly impacted you. Your relationship with your brother has been difficult over the years and in recent times you have restored your relationship. You also currently enjoy a good relationship with both of your parents. Your mother lives in Queensland and she is battling lung cancer. You have phone contact with both of your parents daily.
4. Your childhood was marked by experiences of abuse and disruption. You report being the victim of abuse between the ages of six and seven and are currently seeking some redress, as discussed with Ms Lechner. At the age of 12, your parents separated. Post separation your mum did not cope, she started drinking heavily and attempted suicide a couple of times. On occasions she had to be hospitalised and in the past you have had to perform CPR and call an ambulance which as Ms Lechner notes, you found 'very distressing'.
5. As for your schooling, you do not report experiencing any learning, social or behavioural difficulties. You completed Year 11 and left school to help support your family.
6. Thereafter, you worked for Qantas as a machine operator and baggage handler for several years. After that you drove a delivery truck while studying a range of courses that would enable you to drive petrol tankers. You gained employment in this specialised truck driving field, working for several companies transporting fuel.
7. In 2018 your life changed drastically as a result of a serious motor vehicle accident. You told Ms Lechner that you believed an aneurysm caused you to blackout and hit a guard rail. You have no memory of the accident but woke up in hospital a 'different person'. You sustained a traumatic brain injury and report, 'I couldn't walk, I couldn't talk, I had no memory, and I was very angry'. You were treated in hospital for months and then transitioned to a rehabilitation facility and a day-hab. You were no longer able to work and provide for your family. Your mood deteriorated significantly. You were extremely depressed and highly anxious. Your personality was different and you found it hard to negotiate everyday tasks.
8. You were married to your former wife for some 23 years and together you have an 18-year-old son. You separated in the context of the motor vehicle accident and the TBI you sustained. You have not had any contact with your son since being in custody and an intervention order has also prevented you from contacting him. The breakdown of your marriage and family has had a devastating effect upon you. You ended up moving into independent accommodation and reported to Ms Lechner that you were 'not coping'. Your drug use escalated and it is in this broad context that your offending occurred. In terms of your earlier drug use, you had previously tried cannabis in your teenage years a few times and you report that you did not commence using drugs until after you and your wife separated. You then began smoking heroin occasionally and were then introduced to ice and to use your words, you then 'went off the rails ...'
9. Approximately one month prior to your remand you tried to reduce your drug use and ended up moving in with your father, living in a caravan in his backyard, which is where you were arrested.
10. Prior to the offending and your remand, you had commenced a new relationship which has borne a child, your son who is now 2 years of age. During your remand your partner and child returned to Africa as she has limited supports in Australia. You have therefore only had limited contact with them over video and have found this difficult.
11. Otherwise, your time in custody has been of assistance in maintaining abstinence from drugs and gaining some stability and routine. You remain in Fulham and are employed as a 'stores billet'. As previously documented, you have made some significant efforts in custody towards your rehabilitation, having undertaken as many courses as possible and attending 44 weeks of NA.
12. In her psychological report, Ms Lechner opined that you suffer from stimulant and opioid use disorders (currently in remission), a recent history of Major Depressive Disorder and some features of complex PTSD, though not sufficient symptoms to warrant a formal diagnosis. On testing, you displayed 'moderate' psychological distress, 'moderate' depression and evidenced some symptoms of PTSD such as nightmares and avoidance at a 'moderate' to 'high' level. You also positively endorsed some items reflective of a high level of Disturbances in Self-Organization, namely, affective dysregulation, negative self-concept and disturbances in relationships. These symptoms were likely to stem from your life changes post-accident, as well as earlier experiences such as your parents' separation, your mother's mental health struggles, and childhood abuse.
13. In respect of the offending, you reported to Ms Lechner that you were depressed, abusing a lot of drugs and found yourself in a situation 'helping a mate'. As already noted, this may represent some minimisation on your part and the need to develop further insight. Of most concern to Ms Lechner was your TBI and the need for further investigation into the nature and extent of it.
14. In turn neuropsychological Dr Anne-Marie Ternes undertook assessment and testing and opined that your cognitive performance fell within the low average to average range for your age (see report of 28 August 2025). Without prior baseline data, it was difficult to determine your previous cognitive level, but the assessment suggested mild cognitive impairment, particularly in attention, processing speed and the ability to learn and recall new information. You also reported word-finding difficulties and memory problems consistent with the observed test results. Psychological assessment indicated symptoms of depression and stress, reflecting ongoing emotional distress.
15. In Dr Ternes' opinion there was strong evidence that you sustained a brain injury in 2018, documented as severe in the available records. Dr Ternes considered that it is likely contributing to your current cognitive difficulties and that your ongoing symptoms of depression and stress may also be contributing, or exacerbating, your cognitive problems.
16. In sentencing you I take into account the uncontested opinions of Ms Lechner an Dr Ternes. While your diagnosed conditions and degree of cognitive compromise does not excuse your offending I accept your Counsel's submission that it places your offending in broad context and, as he put it, it goes some way to explaining 'why someone would change from going from A to B' - that is, from a largely a law abiding and contributing member of the community to someone who has offended in the manner you have.
17. I accept that following a traumatic brain injury in 2018, you experienced profound life changes, and you could no longer work, your marriage broke-down and you began using drugs to cope with depression and anger. Within this context, and against a degree of cognitive impairment and significant drug use and instability, your offending occurred.
18. As further submitted by your Counsel, I also take these matters into account in my assessment of your rehabilitative prospects. The prosecution submit that your prospects are 'guarded' noting your prior criminal history, further offending (which post dates this offending), reports of substance abuse, and lack of genuine remorse.
19. You have a relevant but limited prior history. You have some earlier appearances and then after 2002 your next appearance was on 27 April 2018 for a charge of obtain property by deception where you were fined. Your next, and last prior matter was on 4 March 2022 for intentionally damage property, threat to destroy property and commit offence on bail for which you were again convicted and fined. Your original remand on the current matters represents your first custodial experience. Your offending largely did not commence until later in life, in the context of sustained brain injury, which, as already canvassed, has had far-reaching consequences. You have otherwise lived, in the main, a productive life.
20. I accept that you have been making recent efforts to address your drug addiction. You are motivated to reclaim the life you once had and to reunite with your partner and young child. As noted, the neuropsychological testing did not reveal significant impairment in executive functioning nor cognitive difficulties that would impair your judgment and decision making. It would appear therefore that, perhaps with some appropriate adaptations, you are capable of engaging in any further treatment, as suggested in the report of Ms Lechner, that is likely to help maximise your rehabilitative prospects.
21. Overall, on my assessment I consider that you have reasonable prospects for rehabilitation.

1. The purposes for which sentences may be imposed are just punishment, general deterrence, specific deterrence, rehabilitation, denunciation and protection of the community.
2. I take into account the sentencing guidelines referred to in s5 of the Sentencing Act 1991, where relevant in your case. As already indicated, I have also considered the sentencing landscape for arson.
3. I take into account the principles of proportionality, parsimony and, as canvassed earlier, totality.
4. Both parties accepted, and I consider, that the only appropriate disposition in your case is a term of imprisonment. Your Counsel submits that in your case there is good reason to allow for an extended period of parole eligibility, in keeping with the sentence that you are currently serving. Given that I am proposing to fix a non-parole period for a further term of imprisonment, s.14 of the Sentencing Act is enlivened. Taking into account all relevant factors, I have turned my mind to the appropriate proportionality between the single non-parole period to be fixed pursuant to s.14(1).

1. On the charge of arson, you are convicted and sentenced to 2 years and 6 months imprisonment. I intend to cumulate 16 months of the sentence with the sentence that you are currently undergoing.
2. For all purposes, this will result in a total effective sentence of 5 years and 2 months.
3. Pursuant to s.14 I set a new non-parole period of 3 years and 2 months imprisonment. My intention is to add 10 months to your NPP. .
4. On my understanding, s14 can either be achieved by backdating the new single non-parole I declare to the date of the original sentence - which is what I have done - or I can direct that it commences from today. Further, there is no need for me to make any s18 declaration as to your pre-sentence detention as that previous declaration of Her Honour Judge Blair's remains effective.
5. Pursuant to s.6AAA, this is complicated by s.14 - but to serve as an indication, as required - I declare that but for your plea I would have sentenced you to a term of 4 years with a NPP of 2 years and 10 months and a greater period of cumulation pursuant to s14.
6. I confirm there are no ancillary orders sought.