An ACT Supreme Court judge has spared a man more jail time after taking aim at what she said was an egregious delay in prosecuting him over a 2020 riot at Canberra’s jail.
Norman Collier, 31, pleaded guilty to arson for his part in the riot at the height of COVID restrictions after prison staff refused to serve dessert or hand out cigarettes.
The inmates gathered mattresses, cloth and toilet paper setting five fires in a wing of the jail, causing $1.6 million in damage.
The court heard while Collier’s face could not be seen in the CCTV footage, he was clearly visible helping add to the piles which were on fire.
On Thursday Justice Louise Taylor told the court the delay in charging him was “outrageous”.
“The prosecution offers no explanation whatsoever for the delay,” Justice Taylor said.
“The delay is completely unacceptable.”
But the judge said the most important issue was the impact on the person on the receiving end.
The judge noted that Collier appeared to have been successful in working towards rehabilitation and addressing his drug addictions in jail, while he waited on the sentence now knowing the end date.
“He’s spent a considerable time in a state of suspense,” Justice Taylor said.
“There’s an incongruity between the seriousness of the crime … and the leisurely progress of the criminal justice system … that years passed before this matter first appeared in court.”
The judge said for that reason the case warranted leniency.
She imposed a sentence of two years and 10 months on Collier which will be served concurrently with his existing sentence for other crimes, meaning he will be eligible for release in January.
“You are able to continue to work towards the release date you have been working towards,” the judge told Collier.
Three other people have faced court over the incident, including 33-year-old George George who was sentenced to three years jail over the crime.
Justice Taylor also criticised the delays in his case.
George had told the court he took part because he didn’t want to be labelled a “snitch”.
Two more people are yet to be sentenced.