Decorated Tully veteran Troy Miles set woman’s car alight in act of ‘serious’ domestic violence
A decorated Far North Queensland navy veteran who threatened a woman and set her car on fire has avoided jail.
Cairns
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A decorated navy diver says he is remorseful for setting a woman’s car on fire and threatening to kill her during an act of domestic violence, a Cairns court has been told.
Troy Andrew Miles, 49, from Tully Heads, pleaded guilty in Cairns Magistrates Court to two charges – common assault and wilful damage, domestic violence offences, and was placed on 18 months’ probation.
Magistrate Terence Browne described the offences as serious and said a prison sentence would ordinarily be imposed for crimes like Miles’, but he accepted the ex-navy clearance diver’s “moral culpability” was reduced because of the link between his violent reaction and his armed service-related post-traumatic stress disorder.
The court was told Miles and the woman had been living together for about three months but the relationship was over and Miles had asked the woman to leave his home, which she was packing to do for the following day.
Police prosecutor Tara Nona said Miles returned from an all-nighter at the Tully Bull and Bike Ride the day of the attack.
After asking the woman to leave, he grabbed her by the throat, threatened to kill her and burn her car, actually setting the vehicle alight after she ran next door to call the police, the court was told.
Ms Nona said the woman’s breathing was not restricted during the throat grabbing.
The car was written off despite Miles efforts to put out the fire with a garden hose, the court was told, and fire officers ultimately extinguished the blaze.
Defence lawyer Tom Eckersley said Miles’ impulsive behaviour was underpinned by the trauma of being “blown up” in the Iraq war.
He said Miles was remorseful and had $10,000 compensation to pay the victim for the loss of her car, valued at between $3500 and $8000, and the impact of the crime upon her.
Mr Eckersley tendered evidence of Miles’ military decorations, his Australia Day Medallion and references from fellow servicemen, including the diver whose life he saved in Iraq, which earned him a Distinguished Service Medal.
The defence lawyer vehemently opposed a jail term, saying Miles’ circumstances were unique, taking account of his remorse, compensation offer, military service and his resulting mental health struggles “in the wilderness” before he received additional support from veterans’ services.
He said Miles had sought help and now had a veterans “gold card” and good rehabilitation prospects.
Mr Browne described the behaviour as a “serious example of domestic violence”.
“I only assume the impact of the offending on the victim was significant. Your lawyer makes the point that it was only a few seconds (where you grabbed her throat), but I am quite certain that, to the victim, it felt like much, much longer than that,” Mr Browne said.
“(A psychological report) goes into detail that the assault was not an intention to punish or injure the victim, but an expression of frustration at not being able to manage the interaction.”
“Further, the decision to put petrol on the bonnet of the car was primarily a poor decision rather than an expression of your trauma-related inabilities, but the decision thereafter to light the car up … was primarily driven by PTSD … I’m making a finding that your actions on this day were attributable to your trauma-related diagnoses … therefore reduced your moral culpability in the circumstances.”
Mr Browne recorded convictions against Miles and added special conditions to Miles’ probation order that he engage in therapeutic programs to address his alcohol use.
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Originally published as Decorated Tully veteran Troy Miles set woman’s car alight in act of ‘serious’ domestic violence