Narelle Anne Cooper tries to appeal attempted arson four-year penalty

She has spent almost 12 months behind bars, but this Mackay woman has argued for an earlier release after she set her shop on fire for a $700,000 insurance claim.

A Walkerston business owner convicted over setting her own newsagency on fire for a $700,000 insurance payout has tried to have her jail term reduced.

For two years the Devereaux Creek woman denied any responsibility over the fire, and she even tried to have the conviction quashed – her latest effort involved an application to the Court of Appeal to have the four-year jail term reduced by 12 months.

And while one appeals court judge agreed with her push, two others did not.

Narelle Ann Cooper (coloured top) leaves Mackay courthouse after day one of her the attempted arson trial in the district court.

At trial Narelle Anne Cooper pleaded not guilty to attempted arson. It was a circumstantial prosecution case, but a Mackay District Court jury rejected her claim and in September 2020 returned a guilty verdict.

Fire crews were called to the Walkerston Shopping complex at 5.49pm on July 30, 2018 after a worker at a nearby butcher saw flames and smoke in the NewsXpress newsagency.

Although the blaze was quickly doused, it caused significant damage to the shop totalling at least $174,000 to the leased shop premises, $80,000 in lost stock and $65,000 to fixtures and airconditioning.

On the same day as the fire Cooper had received an email reminder that the renewal for the $700,000 insurance policy was approaching.

A fire at NewsXpress newsagency at Walkerston Shopping Centre in 2018 caused significant damage to the premises.

The damage totalled at least $174,000 to the leased shop premises and $145,000 in lost stock and damage to fixtures and airconditioning.

She was the only person in the store at closing time at 5.30pm and left at 5.40pm. Nine minutes later flames were spotted.

“But for the evidence of financial distress, (her) behaviour would have been completely inexplicable,” Justice Peter Callaghan said in a recent Court of Appeal judgment.

Cooper was in “very serious financial trouble”, the judgement said – there were legal proceedings against the business and her home was in jeopardy.

She was jailed for four years and a parole eligibility date was not set – meaning she would likely serve at least 50 per cent before she could apply for release.

During the five-day trial Cooper denied any involvement in or knowledge of the fire.

However she was only appealing against the jail term as “manifestly excessive”.

Flames were spotted by a worker from a nearby butcher.

“Her abandonment of the appeal against conviction means that this court must proceed on the basis that (Cooper) now accepts responsibility for setting the fire,” Justice Philip Morrison said in the judgment.

Nor did Cooper challenge the inference that she set the fire to make a fraudulent claim on the $700,000 insurance policy, the judgment stated.

Cooper was 54 at the time of the offence and 57 when sentenced, with no criminal convictions and an excellent work history.

“Her case is that the sentence was manifestly excessive and that, accordingly, this court should set aside the sentence below and exercise the sentencing discretion afresh,” Justice John Bond said in the judgment.

Cooper was pushing for the penalty to be reduced to three years suspended after 12 to 18 months.

“I am not persuaded,” Justice Bond said.

“(It was) a serious offence of attempted arson.

Narelle Ann Cooper was jailed for four years after a jury found her guilty of attempted arson two years after a fire broke out inside her Walkerston newsagency.

Damaged stock after a fire at the NewsXpress newsagency at Walkerston Shopping Centre in July 2018.

“It was motivated by the possibility of defrauding an insurer.

“It involved the risk of serious harm to persons and property in the other shops within the shopping centre and it actually resulted in serious financial loss to innocent persons.”

While Justice Peter Callaghan agreed the four-year term was manifestly excessive.

“(She) was charged with attempting to set fire to a building which did not ignite. She was not charged with the wilful damage of any property,” Justice Callaghan said.

“It did not involve that sinister quality which attends an offence committed in a context of domestic violence or motivated by revenge, but in my view it still warrants a sentence of three years’ imprisonment.”

Justice Morrison determined the “significance of the intention to make a fraudulent claim cannot be understated in relation to the sentence imposed in this case”.

“I am unable to conclude that the four-year sentence imposed on the applicant was beyond the permissible exercise of the sentencing judge’s discretion,” Justice Morrison said.

The application was dismissed.

Originally published as Narelle Anne Cooper tries to appeal attempted arson four-year penalty