A homeless man who attempted to burn down a Housing Tasmania house from which he had been evicted escaped a jail term when sentenced in the Supreme Court of Tasmania.
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Ashley Peter Smith, 32, pleaded guilty to a count of attempted arson, a count of unlawfully setting fire to property, two counts of aggravated burglary, and unlawfully injuring property on January 5, 2023.
Smith's mother rented the Housing Tasmania home in Punchbowl for 18 years until she was jailed for stabbing her then-partner.
He lived there for ten years until Housing Tasmania terminated her tenancy in April 2022, saying she did not need the house.
"The victim of the stabbing and Mr Smith were both evicted, and Mr Smith became homeless," Chief Justice Alan Blow said in sentencing.
"Occasionally, the Launceston City Mission could provide him with accommodation, but those arrangements were intermittent.
"At other times, he lived in a tent at a camping ground, slept behind some skip bins, or slept in the Punchbowl house, which remained vacant."
On the day of the crime, Smith drank some alcohol with a friend at a campsite and then walked to the house.
He broke a window and entered the house through that window, comprising one count of aggravated burglary.
After punching holes in the plaster of a hallway, he went into a room where renovation work was underway.
"He placed his companion's shirt inside a wall where stud work was exposed and set fire to it, intending to set fire to the building," Chief Justice Blow said.
After the men left, the fire went out.
Smith returned to the house a little later and entered through the front door, comprising aggravated burglary, finding the fire had gone out.
"He removed the shirt from the wall, placed it on the hallway carpet, and set fire to it again," he said.
A patch of carpet was damaged, and the building filled with smoke, causing smoke alarms to be activated.
Tasmania Fire Service attended and extinguished the fire.
Smith confessed to firefighters and police and was arrested.
Chief Justice Blow said Smith had prior convictions for property damage offences and had short jail terms in 2019 and 2022.
He said a forensic psychologist's report revealed that Smith suffered post-traumatic stress disorder as the result of exposure to his mother's violence towards his stepfather.
He also had a long history of abusing ice, cannabis, other illicit drugs, alcohol and prescription medication.
"His desire to damage the house was associated with the emotional impact of his post-traumatic stress disorder," he said.
Chief Justice Blow said prison would cause a deterioration in his mental health.
He said Smith's homelessness had recently ceased, and he abstained from alcohol for three months and from drugs for two months.
"Ashley Peter Smith, I convict you and sentence you to six months' imprisonment, wholly suspended, on condition that you commit no offence punishable by imprisonment for 12 months," he said.
He ordered that he be supervised by a probation officer for 12 months, which would include further therapeutic measures.
He was ordered to pay compensation to Homes Tasmania Pty Ltd.
Nick Clark
I am the Supreme and Magistrates Court reporter for the Examiner for the past 18 months. My journalism career has clicked over 30 years and encompasses four different spells at Tasmanian newspapers.
I am the Supreme and Magistrates Court reporter for the Examiner for the past 18 months. My journalism career has clicked over 30 years and encompasses four different spells at Tasmanian newspapers.
