AN ARMIDALE man who torched a house while suffering from “homicidal tendencies” will spend at least 10 months in prison.
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Damien Linnane appeared in Armidale Local Court on Monday, where he was sentenced for two counts of maliciously damaging property, being armed with intent to commit an offence and maliciously damaging property by fire.
In a series of targeted incidents, Linnane torched a home on Ash Tree Drive on November 29 last year. The fire, which destroyed the $310,000 home, was previously thought to be accidental until police received a tip-off in June.
Linnane also threatened a man with a replica firearm at a Marsh Street hotel on March 27 and slashed car tyres on two separate occasions in February and March. Linnane pleaded guilty to all charges in July.
Previous defence solicitor Peter Kemp argued his client was unsuitable for custody because of his autism and strong desires to commit homicide before the offences.
“He might develop homicidal tendencies further while in custody,” Mr Kemp said.
On Monday defence solicitor Rodney Kennedy said his client had been undergoing “exhaustive psychological assessments” but was at a disadvantage living in Armidale because of a lack of services.
He asked for time in custody to be reduced in return for a longer period on parole as the assessment found him unsuitable for an intensive corrections order and consequently home detention.
In making her decision, Magistrate Karen Stafford acknowledged Linnane’s high functioning autism and actions meant he needed to undergo significant supervision and treatment in the community.
But neither an intensive corrections order nor a suspended sentence would be in line with “the principles of sentencing”, she said.
“Your motivation seems to have been to take some vigilante action,” she said.
“There was a great degree of planning in what you did.”
Linnane was sentenced to two years imprisonment with a non-parole period of 10 months.
Magistrate Stafford reduced the non-parole period from 18 months, finding special circumstance in Linnane’s need for community supervision.
An apprehended violence order was also put in place for two years, barring contact between Linnane and his former partner.
“That means doing anything that makes her afraid for her safety,” Magistrate Stafford said.
Linnane will be eligible for parole in September next year.
