No more jail time over ‘horrific attack’ on woman who was set on fire as she slept
A man who entered his friend’s bedroom, doused her in petrol and set her on fire as she slept will not have to spend any more time behind bars for the “horrific act”, a court has ordered.
Police & Courts
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A man who entered his friend’s bedroom, doused her in petrol and set her on fire as she slept will not have to spend any more time behind bars for the “horrific act”, a court has ordered.
Judge Vicki Loury today sentenced Matt James Nolan, 30, to four and a half years’ imprisonment over the July 2017 incident that left the victim in hospital for two weeks with burns to her face, hands, arms, chest and neck.
But Judge Loury declared the 263 days Nolan had already spent in a secure mental health facility and in prison as adequate time served after taking into account his serious mental health issues, the victim’s wishes and the advice of doctors.
The Brisbane District Court heard Nolan, who suffers from chronic paranoid schizophrenia, had visited two emergency departments in the days leading up to the attack to report that he felt his mental health was deteriorating but he was sent away both times.
Despite further calls from Nolan and his family to mental health services, their pleas for help were ignored.
Only a day after making the final call for help, Nolan went to his friend’s home and entered her bedroom in what a witness described as a “robotic state”, doused her in petrol and set her on fire before leaving without a word.
The court heard Nolan was floridly psychotic at the time of the offending and as such was deprived of his capacity to know what he was doing was wrong.
But the court also found Nolan had contributed to his condition through the use of amphetamines which he used to treat the symptoms of his schizophrenia.
“Various reports before me indicate that you used amphetamines intermittently when unwell believing the amphetamines reduced the distressing symptoms that you suffered from namely auditory and command hallucinations,” Judge Loury said.
“You used amphetamines in the day or days leading up to the commission of the offence before me for that reason that is to reduce the auditory hallucinations you were experiencing.”
Evidence was put before the court that the victim forgave Nolan for the attack and she did not want to see him spend further time in custody.
“It does not seem to have been driven by anger of vengeance,” Judge Loury said of the crime.
“The complainant was your friend and remains so.
“She did not provide a statement to police and did not want to give evidence. She does not believe you were trying to hurt her.
“She visited you at the park and you expressed your remorse to her.”
Nolan, who pleaded guilty to a charge of grievous bodily harm, was sentenced to four and a half years imprisonment suspended after 263 days which has already been served.
“It is a horrifying act to set another person on fire, ordinarily it would warrant a very significant sentence to condemn that conduct on behalf of the community, here however the person who would most want to condemn your conduct does not want to see you go to jail,” Judge Loury said.
She said Nolan was not able to make a sound judgment about his conduct at the time of his offending due to his mental illness but said his voluntary consumption of drugs had played a role in that mental state.