Robin Prutey sentenced over arson of late parents’ Breakwater home
A mentally-ill man who used lawnmower fuel to torch his late parents’ home was also the person left worst off by the crime, a court has heard.
Geelong
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A County Court judge has found a man’s mental ill-health directly contributed to his decision to torch his parents’ vacant home.
Robin Prutey, 62, appeared in the County Court at Geelong on Monday and pleaded guilty to a single count of arson, related to a fire in a vacant home Breakwater on September 22 last year.
Judge Gerard Mullaly sentenced Prutey to 11-months jail, a “little longer” behind bars than the 295 days he has spent in custody, which was reckoned as time already served.
In his sentencing remarks, Judge Mullaly told the court the Cosgrove St home had been owned by Prutey’s parents, Simon, who died in 2013 and Renate, who died in 2023.
Neither had a will, so after his mother’s death the property fell into the hands of the Office of State Trustees.
It was likely, had he had not torched the property, Prutey would have benefited from the sale of the home, Judge Mullaly said.
“This fire and the destruction of the house has harmed you, more than anyone else,” he told Prutey.
Prutey was still at the property when police arrived and confessed, the court heard, stating he “hated” his parents, and was “frustrated” at not being allowed to reside at the home.
Judge Mullaly noted that nothing else in Prutey’s medical history suggested a hatred towards his parents, and found his moral culpability was reduced by his mental health issues.
Prutey had schizophrenia, which he had managed for more than 25 years with injections without incident and he had no prior criminal history.
However, Judge Mullaly said he had no doubt “that (Prutey’s) schizophrenia was directly causative to (his) criminal conduct”.
The court heard, in addition to his mental ill-health, Prutey suffered from “debilitating physical ill health” including diabetes that led to a lower limb amputation.
Leading up to the fire, the power and water had been cut off from his parents’ vacant home and the State Trustees would not allow it be turned back on.
Nevertheless, the court heard Prutey, who had been maintaining the property, would sometimes stay there to get “respite” from his “difficult” living situation.
The court heard Prutey was living in shared public housing with a violent housemate.
While arson is an inherently serious offence, it can often be motivated by revenge, domestic violence or personal gain, the court heard.
“Here there is no aggravating motive, and little ifs any endangerment, other than the inherent danger of fire spreading or to fire fighters,” Judge Mullaly said.
The court heard Prutey had pleaded guilty at the earliest opportunity, and Judge Mullaly ultimated decided against also imposing a community corrections order (CCO).
“In all the circumstances of this crime … you do not present as a general danger to the community,” Judge Mullaly told Prutey.
“It seems to be highly likely, if not certain, that you will resume your law-abiding and quiet ways yourself, on your release from prison.”
Had he not pleaded guilty, Judge Mullaly said Prutey would have faced three years behind bars, including 20 months without parole.
Originally published as Robin Prutey sentenced over arson of late parents’ Breakwater home