12 years jail for arsonist

Updated November 5 2012 - 10:38am, first published December 19 2003 - 12:23pm

A BALLARAT man has been sentenced to 12 years' jail for starting a house fire which led to the death of two of its occupants.
Luthanuel Chambers, aged 28, stared blankly ahead as Justice Coldrey handed down the sentence in the Supreme Court in Melbourne yesterday.
Wearing a dark suit, white shirt and tie, Chambers had previously pleaded guilty to two counts of arson causing death.
The fire he lit inside 516A Armstrong St Nth on October 17, 2002, contributed to the deaths of 22-year-old Kate Reeve and 24-year-old Andrew Maple, who were sleeping.
Yesterday was the first time a Victorian court has passed sentence for such an offence, introduced after the deaths of three people from deliberately lit bushfires in the Dandenong Ranges. The maximum penalty is 25 years' jail.
Both victims' families were in court for yesterday's verdict, but said no sentence would bring their loved ones back.
Graham Maple, flanked by his wife Pauline, thanked the people of Ballarat, especially the staff and students at Australian Catholic University where their son was studying primary school teaching, for their support.
"We've lost our son, Kate's family have lost their daughter, we've really had enough tragedy," Mr Maple said.
"I haven't got any feelings for Chambers at this stage."
But Kate's heartbroken mother, Robyn Reeve, whose youngest son Jacob took his own life two months before the fire, had nothing but contempt for Chambers.
"To throw him (Chambers) a birthday party and then a week later (do this), it's just disgusting," Mrs Reeve said.
"To think he was at our house the day my son died comforting us as part of the family - I just can't believe he's done this to us.
"The only thing I hope today is he was horrified to see us all sitting in the court room ...
"It's never going to be the same, we live in fear every day of our lives and we now expect the worst to happen."
Justice Coldrey said it was important that the court endeavoured to discourage arson in all its forms with its potentially dangerous or fatal consequences.
"In sentencing you (Chambers), I take into account the traumas you have experienced in your early life as well as your mental state at the time of these offences," Justice Coldrey said.
"Further, I accept the evidence of Dr (Lester) Walton that persons with a borderline personality disorder will find imprisonment more arduous than normal prisoners.
"I also accept and have regard to the fact that your effeminate presentation may make you a target for sexual abuse.
"Additionally, I take into account in your favour your pleas of guilty.
"Dr Walton has ventured the opinion that you are incapable of expressing mature adult remorse but I accept that, within your emotional capacities, you are genuinely remorseful."
The court heard that Chambers first met Ms Reeve in November 2001 and resided with her during 2002 at her rented house at 516A Armstrong St Nth.
After the death of Ms Reeve's brother, a falling out occurred over owed rent, leading Chambers to leave the property.
Chambers took refuge at the house of neighbour Eleanor Frood, who described his moods as ranging between happy and communicative to sullen and nasty.
The court heard that the former St Patrick's College student later attempted suicide by taking an overdose of Zyban tablets and trying to gas himself in his car, a bid which failed when it ran out of petrol.
Ms Reeve and Chambers reconciled in late September 2002 allowing him to move back into 516A Armstrong St Nth and Ms Reeve even threw a birthday party for him on October 6.
But during the party, Ms Reeve became distressed in the aftermath of her brother's death, but was convinced to go to the Extremity Bar in Camp St by friends.
Unhappy at Ms Reeve's conduct and expressing the view that she had ruined his party, Chambers later returned to 516A Armstrong St Nth with friends Ryan Cooper and Cherie Graham, smashing a window to gain entry.
Once inside, Chambers threw items around, poured alcohol on the floor and placed Ms Reeve's mobile phone in water, destroying it.
A few days later, Mr Cooper informed Ms Reeve that Chambers had been responsible for the damage to the house.
In response, Ms Reeve decided to burn some of Chambers' belongings in the backyard, including clothes and a suitcase full of documents.
Chambers returned to 516A Armstrong St Nth on October 13 to learn his belongings had been burnt.
On the evening of October 15, Chambers, by then residing in Main Rd, returned to 516A Armstrong St Nth, taking 20 photos of Ms Reeve's deceased brother Jacob.
Chambers later told police he had taken the pictures "as a bargaining tool" because he believed that some of his belongings had not been burnt.
The next day, a physical confrontation between Ms Reeve and Chambers took place at the Extremity Bar over the missing photos, leading to Chambers' ejection from the club.
Meanwhile, Mr Maple had arrived at the venue and left in the company of Ms Reeve shortly after 2am.
Ms Reeve informed Mr Cooper that she was going home as he was scheduled to spend the night in the second bedroom, Chambers' old room.
Drinking heavily at home, Chambers burnt several of the stolen photos in his bedroom fireplace.
This gave him the idea of knocking on the door of 516A Armstrong St Nth, and if answered by Ms Reeve, setting the pictures alight on the doorstep before running off.
In order to accelerate the burning process, Chambers poured some kerosene from a container into a plastic juice bottle.
Armed with this bottle, a cigarette lighter and the photos, Chambers walked to Ms Reeve's address.
Chambers claimed to have knocked on both the front door and front bedroom window and being no answer, believed no-one was home.
After turning off the power, Chambers entered the premises through the back door.
He placed the photos on the lounge room carpet and poured half a cup of kerosene over them before igniting them.
Chambers' told police he had a quick look inside Ms Reeve's bedroom and saw her chihuahua dog on the end of her bed, but no people.
Mr Cooper was woken by the noise of the back door closing and the smell of smoke, which he described as "like burning plastic or a very sooty smell."
He tried to turn on the light but it did not work. He then escaped through the bedroom window.
Mr Cooper claimed to have knocked on Ms Reeve's bedroom window without response before calling a taxi home.
Police found Ms Reeve's dead body fully clothed next to the window while the deceased body of Mr Maple was lying face down on the bed.
Each was covered with a quantity of soot, and in the opinion of the pathologist, Michael Burke, had died from smoke inhalation.
Chambers later told police that he did not know that anyone was present in the house at the time, a fact accepted by the prosecution.
But Justice Coldrey said it was highly unlikely that Chambers had looked in Kate Reeves' bedroom before starting the fire.
"Rather you assumed her absence from the premises and you were quite unaware of the existence of Mr Maple," he said.
"If you did look into the room, it could only have been no more than a cursory glance.
"In either case, to light a fire inside a suburban house without properly and adequately ascertaining whether there are occupants inside, and leaving the premises with the fire still burning was, in my view, grossly negligent."
On count one (causing death of Ms Reeve), Chambers was sentenced to a term of eight years' imprisonment and for the same period on count two (causing death of Mr Maple).
But Justice Coldrey ordered that a period of four years on count two be served cumulatively upon the sentence imposed on count one.
This resulted in a total sentence of 12 years with a non-parole period of eight years.

Subscribe now for unlimited access.

$0/

(min cost $0)

or signup to continue reading

See subscription options

Get the latest Ballarat news in your inbox

Sign up for our newsletter to stay up to date.

We care about the protection of your data. Read our Privacy Policy.