Luke Brown appeals sentence for arson of Shepparton house

One of two brothers jailed for torching a Shepparton house as its occupants lay sleeping has gone to the Supreme Court in a bid to lower his sentence.

One of two brothers who set fire to a Shepparton house as its occupants slept after they were denied entry has managed to partially reduce his sentence on appeal.

Luke Anthony Brown was sentenced by the County Court in September last year to a minimum of 12 months’ imprisonment for his role in torching a house on Olympic Ave in Shepparton on the morning of July 5, 2020.

His brother Liam Mitchell Brown, who was the main offender, was jailed for a minimum of two years and four months.

Liam Brown carried a yellow propane blow torch inside and set fire to a television as one of the occupants slept just metres away before going to an empty bedroom and setting it on fire.

His brother stood by and watched before both brothers fled the scene as smoke engulfed the house without attempting to rouse the sleeping occupants who managed to escape unhurt.

The house was extensively damaged and had to be demolished.

A motionless Go Pro catches Liam and Luke Brown inside a Shepparton property, with Liam holding a blowtorch.

In the Supreme Court, Luke Brown argued that the sentencing judge erred in finding that the house fire was caused by both the torching of the television and the bedroom.

He said the first ignition was minor and did not cause damage to the house. His second ground of appeal was that in sentencing him, the judge wrongly took into account his brother’s actions in lighting fire to the bedroom.

The Supreme Court agreed on both grounds but stopped short of criticising the sentencing judge. Instead, the superior court said the judge relied on the prosecution summary of facts which was misleading and incomplete.

The summary stated, among other things, that combustible material was ignited in each location which was plain wrong and has led to sentencing error, the court said.

“Busy judges in the County Court are entitled to rely on these summaries as being accurate on all material matters.”

Luke Brown was resentenced to nine months’ imprisonment.