Victorian man faces $164,000 restitution bill for Manypeaks New Year’s Day bushfire ,Victorian man faces $164,000 restitution bill for Manypeaks New Year’s Day bushfire
![Victorian man Jason Peter Boede attends Albany District Court for sentencing.](https://images.thewest.com.au/publication/YA-114835/57a83a24c249e_b88210679z.1_20160808154508_000_g6kl4eq1.1_1-1bqgeh4.jpg?imwidth=810&impolicy=wan_v3)
A Victorian man has been ordered to pay $164,000 restitution after narrowly avoiding an immediate jail term for his role in sparking a major bushfire from fireworks at Norman’s Beach camp site on New Year’s Day.
Jason Peter Boede, 24, was today sentenced to 12 months jail, suspended for 18 months, after pleading guilty to the charge of breach of duty — for being in charge of a source of ignition and not taking precautions to avoid starting a fire.
The Albany District Court was told Boede went to Norman’s Beach camp site with his partner and two friends on New Year’s Day and lit the box of fireworks on the path towards the beach which ignited coastal vegetation and sparked the major bushfire within 90 minutes.
Despite having no experience with fireworks, Boede lit the box of 12 “flaming balls” and after stamping out the residue on the path to avoid a fire, returned to the camp site to continue drinking and playing cards.
Less than 90 minutes later the fire had ignited, forcing the emergency evacuation of about 20 groups of campers, including families with children.
Two days later on January 3, Boede handed himself into police in Ceduna, South Australia, after learning of police seeking the whereabouts of their vehicles.
State prosecutor Glenn Lloyd said Boede provided no assistance to fellow campers and “panicked” when learning of the bushfire.
Mr Lloyd, who called for a prison term, said it was a “foregone conclusion” that there was a total fire ban in the area and the gusty winds on the day led to the coastal vegetation igniting and eventually burning through 2100ha. The bushfire took firefighters 10 days to extinguish and destroyed four Western Power electricity poles and had significant ecological impact on declared rare flora and fauna.
The State sought restitution in three applications, including $24,440 to Western Power, $62,754 to the Department of Parks and Wildlife for the use of water bombers and $77,068 to the City of Albany for fire personnel.
Defence counsel Tony Chilvers said his client was not in a financial position to pay the restitution but had demonstrated a “high level” of remorse in an interview with police and through his early guilty plea.
Mr Chilvers said Boede was “not entirely reckless” in his actions because he attempted to bury the remnants of the fireworks and believed the dangers lay on the ground and not what went into the air.
“Obviously he had a horrible suspicion he was the cause of the fire,” he said.
“He acknowledges he made the wrong decision and is appropriately remorseful.”
Judge Linda Petrusa said mitigating factors, including Boede’s deep remorse, young age and no previous criminal record led to her prison term suspension.
“The risk to life and property was very real,” she said.
“Your offending is at the lower end of the scale, but still serious.”
Judge Petrusa also ordered restitution of $164,000.
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