Thomas Ellem jailed after throwing cigarette on bedroom floor of Cessnock home, sparking blaze
Thomas Ellem was angry with his partner when he threw a cigarette on the bedroom floor of her Cessnock home and left it to catch fire. The house went up in flames and was completely destroyed.
Newcastle
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A man angry because he thought his partner was cheating, has thrown a cigarette on the bedroom floor and walked out before the house went up in flames, a court has heard.
Thomas Bernard Ellem, 44, was drinking at his girlfriend’s house in Cessnock in June last year when he accused her of being in a relationship with one of her son’s teenage friends.
Police facts stated Ellem punched a hole in the wall in a rage at the Casson Ave home, and while he was packing his belongings in the bedroom, threw a cigarette on the floor before walking out and locking the door behind him.
Before he left the house Ellem said, “It’s alright, I won’t be back, have fun living with nothing”, according to police facts.
It wasn’t long before smoke started to fill the house and when Ellem’s partner and her son went to investigate, they couldn’t open the bedroom door because it was locked.
By the time they finally cracked it open with a butter knife, the bedroom was engulfed in flames.
Police facts said she had tried to get a hose to douse the blaze but it was too late. The house was completely destroyed by the fire.
When police arrested Ellem, he told them “I never done it (sic), when I punched the wall, an electric wire might have sparked”, he said in police facts.
He later pleaded guilty to charges of reckless damage to property by fire and recklessly destroy/damage property.
In Newcastle Local Court on Wednesday Ellem appeared via video link as his solicitor Sally Rostron said her client did not forsee there was going to be extensive damage to the home as a result of his actions.
Ms Rostron told the court Ellem had shown remorse and stated he was clearly dependent on alcohol and drugs.
“He doesn’t cope well and uses substances and gets into this cycle which is apparent from his criminal history,” she said.
Magistrate Robert Stone said he accepted it was a “reckless” act by Ellem, but not intentional.
“He was going through process of drinking and taking drugs which affected his judgement. he was affected at the time,” Magistrate Stone said.
But was guarded by his prospects of rehabilitation.
“He was on conditional liberty and a child was present, the woman’s 17-year-old son,” he said.
“He has a lengthy criminal history an array of domestic violence and property offences.”
Ellem was sentence to 27 months jail with a non parole period of 14 months which mean he will be eligible for release in February next year.