Explosive Substances

Offence covered in this table:

- Bomb hoaxes (maximum penalty: 5 years’ imprisonment)

Case / Date / Disposition Type / Head Sentence / Orders / Individual Sentences / Plea / Offence / Appeal Status
Marshall
[2016] VCC 729 / 27 May 2016 / Custodial / 20 months (1 year and 8 months)
NPP – 6 months
(10 months cumulative upon sentence O is currently undergoing)
New NPP – 86 months (7 years and 2 months) / Bomb hoaxes x 2 (aggregate sentence – 1 year and 8 months). / G / Offending – On 2 occasions (3 weeks apart), O (prisoner) created improvised devices and advised prison staff that they were explosive devices. Negotiations between prison staff and O ensued and O eventually surrendered. Incidents caused huge disruption to prisons. O made significant effort, planned and executed crimes so that authorities were desperately concerned for safety of the prison. Crimes directed at undermining good management of prison. No idle/obvious joke. Offending directed at own destruction, although devices incapable of achieving that end. O also made claims to take out others if they approached O during negotiations. First offending more serious by reason of its planning, execution and what was involved in it. Serious crimes.
Offender – Prior violence convictions, 45 y male, motive said to be protest, institutionalised history, ward of the state, adult life spent in prison, exceptional circumstances, deterioration in mental health, serious personality disorder, near-on complete solitary confinement for prolonged period of time, violence and misbehaviour in prison, contact with children, no contact with parents, rehabilitative aspirations, history of self-harm, insight, some remorse, measure of hope.