![Craig Boland pleaded guilty to destroying Bowral business, Highlands Dry Cleaners, by fire in October 2022. The building was later demolished due to the damage. Picture supplied. Craig Boland pleaded guilty to destroying Bowral business, Highlands Dry Cleaners, by fire in October 2022. The building was later demolished due to the damage. Picture supplied.](/images/transform/v1/crop/frm/190291005/2454a270-fa5d-4a2a-a367-8848634f2e8a.jpg/r0_0_978_678_w1200_h678_fmax.jpg)
Craig Boland, 47, was sentenced to six years in prison for two counts of break and enter house etc and destroy property to a value greater than $60,000 at Goulburn District Court on Tuesday, June 20.
Subscribe now for unlimited access.
or signup to continue reading
Judge Julia Baly said her judgement involved a total sentence of four years "despite special circumstances".
READ MORE:
"The non-parole period expires on May 14, 2025 and the total term expires on May 14, 2027," Judge Baly said.
"The sentence is three years imprisonment for sequence one, and three years imprisonment for sequence two to be backdated to May 15, 2023 to take into account time already served."
Boland was charged with breaking into and destroying by fire the Highlands Dry Cleaners owned by Lynda Alexander, and stealing $150 on October 15, 2022.
He was also charged with destroying Ms Alexander's Mittagong home by fire the same evening.
"It is my view that the offender will require a greater period of parole to address his mental health issues," Judge Baly said.
"A significant variation is called for the guard against relapse and to guard against the risk that such extreme and extraordinary conduct is not repeated. Accordingly the non-parole period is set at two years imprisonment."
Judge Baly found that both offences were "very serious" and both were aggravated by the substantial emotional harm to Ms Alexander.
"The offender must have known that his actions would significantly disrupt the victim's livelihood and her life. Indeed I do infer that this was his intention," Judge Baly said.
"She lost her business and her home. Fire destroyed her son's sporting medals. She has PTSD and fears retribution."
The court heard that Ms Alexander has had to move away from the community and that she was "anxious and feels mortified" by what Boland did.
However, because Boland has no prior criminal history and due to his "prior good character", Judge Baly afforded him leniency.
"Significantly, it must be accepted that Boland's moral culpability is reduced on account of his mental health," Judge Baly said.
"There is a causal relationship between his mental health and the offences."
The court heard that a number of "significantly traumatic" things happened to Boland as a child including his father dying when he was five.
It also heard that is youth was marred by abuse.
"He was bullied at school and was subjected to violence. He developed PTSD and the symptoms have fluctuated over the years," Judge Baly said.
In court on Tuesday, Judge Baly referred to previous evidence provided by a court forensic psychiatrist who found Boland's symptoms increased around the time of the offences.
This was due to his returning to live in the Bowral area, and the stress from divorce proceedings from his former wife, the court heard.
It was also noted that Boland stopped taking his anti-depressant medication about two weeks before the fires.
The court also heard that Boland's psychiatric condition and his intoxication from alcohol probably affected his behavior by impacting his judgement and his ability to regulate his emotions.
Judge Baly said that the day after the fires Boland presented to St Vincent's Hospital in Sydney after taking an overdose of medication.
"His poor mental state was clearly causal in relation to his offending," Judge Baley said.
However, she said Boland's PTSD did not absolve him of criminal responsibility.
"In my view the offender's moral culpability is moderately reduced by his mental state," Judge Baley said.
"I do not accept, having regard to the level of planning and self-induced intoxication, that the offender's moral culpability was substantially reduced. I accept that general deterrence as a sentence in principal is ameliorated to a certain extent but it is not extinguished."
Judge Baly said that she had considered that Boland would face "some additional hardship" in custody due to his PTSD.
On the issue of remorse, the court heard that Boland wrote a short letter to Judge Baly on Tuesday, June 13.
"In it he expresses his remorse to the victim. He states that he deeply apologises to Lynda Alexander, her family and employees," Judge Baly said.
"And then he goes on to acknowledge the effect of his actions on his own family and friends."
However, Judge Baly said the letter was not supported by any evidence from Boland and that it did not acknowledge the effect on Ms Alexander.
"And it was written two days before sentencing proceedings," Judge Baly said.
The court heard that under the heading "attitudes" in the sentencing assessment it was noted that Boland proportioned blame to the victim for what he described as being "put through an emotional roller coaster".
"He did however 'upon reflection' recognise the impact his offence had on the victim's livelihood and mental state," Judge Baly said.
"The content of the report makes plain that Ms Alexander was providing emotional support to the offender and he was confiding in her. He felt shocked and aggrieved when she wanted to end the relationship.
"Whilst it must be accepted that some remorse has been shown it is belated and it is not supported by evidence," she said.
The court heard there was a body of evidence that satisfied Judge Baly that Boland had good prospects for rehabilitation.
"He is unlikely to reoffend," she said.
She listed the factors that led her to this conclusion including his lack of a prior criminal history and the fact that this offending was out of character.
"The offender has taken steps to address his mental health issues. He is having therapy," Judge Baly said.
"He has considerable support from family, friends and others in the community. It must be noted that on the occasion of his offending Boland consumed 20 standard drinks. This voluntary or self-induced intoxication was a factor in his offending.
"In my view while the risk of his reoffending is low, some risk does remain."
The court heard that for sentencing Judge Baly would consider rehabilitation alongside punishment "for the harm done to the victim".
"These are very serious offences, they were calculated to hurt the victim and indeed that is what they did," Judge Baly said.
"There are two separate offences here, each equally serious in my view. Each involved discreet and separate offending albeit within all the same night."
Boland was supported in court by family and friends. He appeared sombre as Judge Baly delivered her sentence, and as he was taken into custody.
We depend on subscription revenue to support our journalism. If you are able, please subscribe here for the Highlands and here for the Tablelands. If you are already a subscriber, thank you for your support.