DPP v Helmore [2025] VCC 723

(a) The reason you lit the fires was because you were dehydrated and thought you were going to die.

(b) You used leaves and a cigarette lighter to light the fires.

(c) You were aware of what you were doing. That lighting fires would make people find you.

(d) You had methylamphetamine and a pipe in your pocket when you were arrested.

(e) You did not try and put any of the fires out, and you continued to light fires because the first one did not get the attention of the plane.

(f) You knew there would have been thousands of people nearby and that you ultimately put them at risk.

1. You provided a sketch of your walking route and the locations you walked past to police.
2. Once extinguished, it was apparent that the size of the fires ranged from 0.0006 to 1.24 hectares. It took approximately 33 CFA units, alongside Forest Fire Management Victoria, approximately four hours to bring the fires under control. It took approximately seven days for the area to be rendered safe for public use.

1. This was serious offending given the sheer number of fires you lit and their close proximity to a large number of campers on a busy public holiday weekend.
2. Fortunately, there was not a great deal of wind on the day, despite warm temperatures, and members of the public were able to obtain help from the CFA quickly.

1. The parties agree that your plea of guilty was entered at the earliest opportunity given the initial need to obtain reports. This has significant utilitarian benefit. You have saved the court and the community the time and expense of running a trial and spared the witnesses the ordeal of giving evidence. In those circumstances, you have facilitated the administration of justice, and you are entitled to a benefit for that.
2. You have also accepted responsibility for your offending from the outset, cooperating with police during your record of interview and making full admissions to your conduct.

1. I turn now to your personal circumstances
2. You are 45 years of age, having been born in January 1980. You are the eldest of three children and have two younger sisters. Your parents separated when you were aged 25, however you have their ongoing support and that of your siblings.
3. You left school during Year 11. At the age of 18 you started working in factories before commencing work in mining. You worked in five mining companies in various positions. Your most recent employment was at MSD Mining in Western Australia for a period of seven years as a production driller. You have not worked since your discharge from the Northern Hospital in January 2024.
4. You suffered a significant head injury at work in 2017. You were hospitalised and underwent surgery. You initially experienced memory loss and were unable to work for several months
5. Your first use of methamphetamine was at the age of 25. You have not had any alcohol related issues but used methylamphetamine and cannabis on a monthly basis. You were subject to strict drug testing while working at the mines and did not fail any drug tests during your employment.
6. You have never been married, however you have had several long-term relationships. Your most recent relationship was for a period of five years, and ended in late 2023, just prior to the deterioration in your mental health. You had not previously experienced any significant medical issues.
7. After the January 2024 incident in Perth, your family took you to Northern Health. You were admitted on 22 January 2024 with psychotic symptoms, before being discharged on 24 January to Bendigo Area Mental Health Service for support and referred to your GP.
8. At the time, you were prescribed the antipsychotic Lurasidone and antianxiety medication Diazepam.
9. I received a psychiatric report from consultant forensic psychiatrist Associate Professor Rajan Darjee dated 11 November 2024.
10. Associate Professor Darjee diagnoses you with schizophrenia with the onset in the latter months of 2023, partial response to treatment in January and February 2024, symptoms returning in March after cessation of medication and a resolution of symptoms by May 2024.
11. Your psychosis may be due to either your significant brain injury or schizophrenia, but the consequences are the same. Associate Professor Darjee rules out drug induced psychosis.
12. Significantly, Associate Professor Darjee opines that 'although at the time of the alleged offences [you] knew the nature and quality of [your] conduct, [you] did not know that the conduct was wrong, in that you could not reason with a moderate degree of sense and composure about whether the conduct, as perceived by reasonable people, was wrong'.
13. This may have left open to you a defence of mental impairment.
14. Since your offending you have remained on your anti-psychotic medication and this has kept your symptoms at bay. You have reportedly used methylamphetamine once since your release from custody but are largely abstinent.
15. Since your release you have continued to live independently in the community. You have regular contact with your family and friends. You maintain contact with your GP but have found psychiatric assistance cost prohibitive.

1. Mr Helmore, your offending arose in the context of you ceasing your anti-psychotic medication. It was a new diagnosis and the first time you had ceased your medication. You also chose to use methylamphetamine, albeit a small amount, but I accept your psychosis was not drug induced.
2. Your counsel submitted that the R v Verdins [2007] VSCA 102 principles apply in your case. Based on Associate Professor Darjee's report, I accept that your moral culpability should be moderated to a significant extent. You were experiencing a psychotic episode and genuinely believed that you needed to attract the attention of the plane overhead by lighting the fires. As such, you are not an appropriate vehicle for specific or general deterrence, and I moderate the sentence accordingly.
3. I further moderate the sentence according to limb 5, that imprisonment would be harder for you than for someone in normal health. There is no evidence to suggest your condition would worsen in custody as per limb 6.
4. You have a minor criminal history with two prior offences, both having occurred when you were 18. They are unrelated to the matters currently before the court.
5. Your prospects of rehabilitation are entirely dependent on you continuing to take your medication. You presently understand that it is necessary and have now been compliant with the medication regime for some time.
6. Protection of the community is relevant to offending such as this, however I note that should you continue to take your medication the risk is minimal. As your counsel submitted, the community is best protected by your continued engagement with mental health services.

1. Mr McLennan, appearing for you, submitted that I should impose a combination sentence upon you, consisting of time already served in custody and a Community Corrections Order.
2. It was submitted on your behalf that Boulton v The Queen [2014] VSCA 342 emphasises that the punitive, deterrent and denunciatory purposes of sentencing can be achieved by combination sentences, particularly when directed at rehabilitation of an offender.
3. Mr McLennan also provided the court with two County Court sentences by way of comparable cases, namely Morgan [2016] VCC 939 and DPP v Kingston [2018] VCC 1310. Morgan in particular has parallels to your case, whereby the offender was suffering a deterioration in schizophrenia in combination with drug use.
4. Mr O'Doherty, for the prosecution, took no issue with the defence submissions and agreed with the disposition sought.
5. I had you assessed for a community correction order which found your risk of reoffending to be medium as it is dependent on your mental health stability.

1. Mr Helmore, would you please stand.
2. On Charge 1, intentionally causing a bushfire, you are sentenced to 236 days' imprisonment in combination with a community corrections order.
3. On Charge 2, possessing a drug of dependence, you are sentenced to two months' imprisonment.
4. I direct that the sentence on Charge 2 be served concurrently with the sentence on Charge 1.
5. I direct that the community corrections order be with conviction and run for a period of 18 months.
6. You are to comply with the core conditions of the order, being that:
   • You must not commit another offence punishable by imprisonment during the period of the order.
   • You must comply with any obligation or requirement prescribed by the regulations.
   • You must report to, or receive visits from, the Secretary during the period of the order.
   • You must report to the Bendigo Community Corrections Centre within two working days of today.
   • You must notify the Secretary of any change of address or employment within two clear working days after the change.
   • You must not leave Victoria except with the permission of the Secretary.
   • You must comply with any direction given by the Secretary that is necessary for the Secretary to give to ensure that you comply with the order.
7. In addition, you are to comply with the following special conditions:
   • You are to undergo assessment and treatment for drug use.
   • You are to undergo assessment and treatment for your mental health.
   • You are to undergo programs to reduce reoffending.
   • You are to be subject to supervision.
8. Do you consent to that order being made? Thank you.
9. I declare that pursuant to s18 of the Sentencing Act 1991, you have served 236 days by way of pre-sentence detention.
10. I grant the disposal order sought by the prosecution.
11. Pursuant to s6AAA of the Sentencing Act 1991, I declare that had you not pleaded guilty the sentence I would have imposed would have been a total effective sentence of two years and three months' imprisonment with a non-parole period of 18 months.
12. Would you please sign the community corrections order. Mr McLennan, you can assist Mr Helmore.
13. MR McLENNAN: Thank you, Your Honour.
14. HER HONOUR: Thank you Mr Helmore, you may be seated.
15. Is there anything further, Mr O'Doherty?
16. MR O'DOHERTY: No, Your Honour, thank you.
17. HER HONOUR: Mr McLennan?
18. MR McLENNAN: Nothing further, Your Honour.
19. HER HONOUR: Thank you for your assistance with the circuit, Mr O'Doherty, and thank you for your attendance today, Mr McLennan.
20. COUNSEL: As Your Honour pleases.
21. HER HONOUR: We'll adjourn.