Kain Allan Kelly jailed over firework arson attack on neighbour

A Corio arsonist who was on an ice binge when he climbed onto his neighbours’ roof and set their home on fire has learned his fate.

Police at the scene of the incident in January last year. Picture: Alan Barber

A judge has implored supports be put in place for a Corio man, who left “chaos and turmoil” in his wake when he set fire to his neighbour’s house, to prevent him from reoffending.

Kain Kelly, 39, appeared in the County Court at Geelong on Friday via videolink for sentence, having pleaded guilty earlier in the week to arson, thefts, drug-driving, dangerous driving and possessing an explosive substance.

In his sentencing remarks, Judge Gregory Lyon said Kelly’s actions had a “seismic disruption” to the lives of his victims – the elderly couple who lived next door and their family, including his neighbour’s 11-year-old grandson.

On January 23 last year, Kelly climbed into the couple’s carport roof and used a firework and kerosene to set their house alight.

Kelly stole his father’s car and ultimately crashed into a tree on Geelong-Ballan Rd following the arson attack.

The fire, and water used to put it out, caused significant damage to his neighbour’s home.

Uprooted from their home for 15 months, cut off from other neighbours and friends and battling the emotional and financial impact of Kelly’s crimes left the family in ongoing fear, Judge Lyon said.

“It is no exaggeration to say your actions caused fear and terror,” Judge Lyon said.

Judge Lyon said while he accepted there was no evidence of pre-planning, and the presence of professional grade fireworks made it an opportunistic crime, Kelly had damaged property in the past.

However, arson represented an “considerable escalation”, Judge Lyon said.

The court heard Kelly’s perception of a grudge or grievance against him by his neighbours was “utterly fictional” and was fuelled by his longstanding drug abuse.

He had injected ice prior to the incident, as part of a days-long binge, and was in a state of ice-induced psychosis when released from hospital after crashing his father’s car.

The court heard Kelly had an extensive criminal history in Victoria and NSW.

Judge Lyon concluded Kelly, who has an acquired brain injury and a mild intellectual disability, had “some understanding” that his actions were wrong.

He concluded that his moral culpability was reduced – but only slightly, and said Kelly’s prospects of rehabilitation were poor and “entirely predicated on the level of formal support” he received upon release.

Kelly has no family support left, with his father severing the relationship following the incident, and his mother having already passed away.

“I cannot stress strongly enough the need to start implementing formal structures as soon as possible,” Judge Lyon said.

Judge Lyon said he would release his sentencing remarks to Kelly’s prison, “in the hopes that someone will read them and take this into account”.

Kelly was jailed for an effective sentence of three years and nine months with a non-parole period of two years and six months, with 549 days reckoned as time served.

He was also fined $1000 for drug-driving and disqualified from driving for two years.

EARLIER: A Corio man was in an ice-induced psychosis when he climbed onto his neighbour’s roof and used fireworks to set the house ablaze.

Kain AllanKelly, 39, fronted the Geelong County Court on Monday and pleaded guilty to arson, possessing an explosive substance and theft of a motor vehicle.

On January 23 last year, Kelly jumped from the fence of his Princes Rd home onto his neighbour’s carport, and then onto the roof about 8am.

He lifted a roof tile and dropped a firework inside the roof cavity before dousing it in kerosene and setting it alight using a barbecue fire lighter.

The court heard his neighbour heard a loud bang and someone walking on her roof.

She went outside her home and found Kelly on top of her carport roof.

When confronted, Kelly shouted “f—k off, f—k off”.

The neighbour saw smoke coming from her roof and called triple-0 while she attempted to douse the flames using a garden hose.

Her 11-year-old grandson was inside.

The house sustained significant damage, which cost in excess of $200,000 to repair, the court heard.

Police at the scene of the Princess Rd home. Picture: Alan Barber

Shortly after, Kelly stole his father’s car, drove to Lovely Banks and helped himself to $129.77 worth of petrol from a service station.

He was speeding along Geelong-Ballan Rd at 140km/h when he lost control of the vehicle.

The vehicle briefly slid onto the wrong side of the road before crashing into a tree.

He was arrested and ice was found in his system.

In a victim impact statement, the neighbour said she felt “extremely angry, frustrated and hurt”.

She told the court she had become hyper-vigilant and isolated since the incident.

The family had been forced to live in a rental property for 15 months while their home was being repaired, the court heard.

Returning home was an “emotional roller coaster”.

Kelly’s lawyer, barrister Sandra Wendlandt, said Kelly had a significant acquired brain injury after a car crash when he was nine and had recently been diagnosed with an intellectual disability.

Ms Wendlandt said Kelly had believed there was a disagreement with his neighbour prior to the incident but he couldn’t remember the nature of the dispute.

“It’s unclear whether this was real or imagined,” she said.

Ms Wendlandt conceded the offending was serious, but said it was “spontaneous”.

“There was no effort to conceal what he was doing, he got up on the roof in daylight,” she said.

He was living with his dad at the time of the crime but was a “recluse” and mostly stayed at home.

“He admitted to a psychologist he had consumed ice, smoked cigarettes and was sitting on the couch drinking alcohol most days,” Ms Wendlandt said.

Ms Wendlandt said Kelly wasn’t considered to be a risk to the public and was at moderate risk of reoffending.

Kelly was remanded in custody and will be sentenced at a later date.

Originally published as Kain Allan Kelly jailed over firework arson attack on neighbour