A Canberra man who tried to claim he was acting in self-defence when he set his own unit on fire, because he was frustrated after years of loud music from his neighbour, has been sentenced for arson in the ACT Supreme Court.
Steven Kazmar-Hall, 39, was found guilty of arson after he set the fire in April last year.
The court heard he had run up the street afterwards to escape the fire.
Claims of self-defence rejected
The court rejected his self-defence argument that he had set the fire out of frustration because of mental health effects from noise he had endured for three years.
Acting Justice Rebecca Christensen said in her judgement, the fire left the home uninhabitable, although it did not spread beyond his unit.
The evidence presented in the trial included photographs of the "sizeable sound system" that was used by the neighbour in his unit.
Acting Justice Christensen said it was a serious offence that put other vulnerable residents at risk.
"Not only was their safety, and their lives, put at risk, but a number of tenants seemingly experienced significant distress from the fire," Acting Justice Christensen said.
"The offender himself at the trial described that there were people 'screaming' after his conduct."
'Aggravating noise'
But Acting Justice Christensen said Kazmar-Hall's culpability was reduced.
"His intention, while entirely misguided, was borne out of considerable frustration and reflective of the years of aggravating noise emanating from the adjoining unit,"
Acting Justice Christensen said."This would lead to significant distress and frustration for anyone, let alone a person suffering the mental health challenges of the offender."
But Acting Justice Christensen said it was still serious offending.
Kazmar-Hall has been in custody since the fire.
He was sentenced to eight months in jail, but was freed after the sentencing because he had already served his time.