Man made no 'detailed plan' or offer of reward for friends to burn house down

Jonny Flor was flanked by family members when he fronted Tamworth Local Court for sentencing this week.

The 20-year-old Bingara man previously pleaded guilty to one charge of intentionally or recklessly destroy a Cossa Street home by fire.

He admitted to acting as part of a joint criminal enterprise with Taylor Jordan Jarrett and Molly Lee to cause damage to the home, where he had once lived, just after 1am on May 3, 2022.

The 20-year-old's defence barrister told the court Flor "wasn't the one who went and committed the offences" when he asked the court to consider a good behaviour bond on sentence.

Court documents reveal the 20-year-old was living at the Cossa Street home before he was kicked out by the landlord in April 2022, after she noticed a number of holes in the walls and Flor fell behind on rent.

After he was kicked out, Flor began living with Jarrett and Lee, who were in a relationship at the time.

During the evening of May 2, 2022, a number of text messages were exchanged between Lee and Flor.

Later that night, Lee drove Jarrett to the Cossa Street home and waited in the car while Jarrett forced entry into the home and lit a bundle of clothing on fire.

At about 1:30pm on May 3, 2022, Flor texted Lee asking "anything left of it?"

"Not really, it's pretty f***** aye," Lee replied.

The agreed facts state the damage from the fire amounted to $371,451.09 of structural costs, and $54,075 for demolition.

A police investigation was launched in the wake of the suspicious blaze, and Flor was arrested on January 31, 2023.

During an interview with officers, the 20-year-old said he told Lee and Jarrett "no, that's stupid" when they said they could go burn the Cossa Street house down.

He said he still had "respect" for the landlord and knew the people still living in the house.

"I've asked them 'was this [the fire] youse," Flor told police, according to court documents.

The 20-year-old told police he said to Lee and Jarrett: "I told you not to".

"Fundamentally the offences would have never been completed if these other two [Lee and Jarrett] hadn't embarked on the course of conduct they had," Flor's defence barrister said.

"The only two who made physical steps to carry out the offence was the other two."

The agreed facts state Flor is liable in relation to the charge on the basis he was part of a joint criminal enterprise to cause damage to the property, but not including the fire.

Director of Public Prosecutions solicitor Adele Banks submitted Flor's role in the offending had crossed the threshold for a community-based prison sentence.

"The offending likely would not have occurred if he did not live in that property previously," she told the court.

Ms Banks said the 20-year-old had made some "concerning" comments to a health professional which appeared to "minimise" his involvement and shift blame onto others.

Flor's defence solicitor said the young man had "exceptional prospects of rehabilitation" and asked for the 20-year-old to be dealt a good behaviour order.

Magistrate Julie Soars accepted the 20-year-old did have "good prospects" of rehabilitation, and had come before the court with nothing on his record.

But, Ms Soars said the threshold for a community-based prison sentence had been crossed.

"Mr Flor was in communication with Ms Lee and he did ask at one point was there anything left of the house," Ms Soars said.

"I do accept however Mr Flor's moral culpability was somewhat less [than the co-offenders]."

Previously, Lee was sentenced to a 18 month good behaviour order and 80 hours of community service, and Jarrett was served a two year community-based prison sentence for his role.

Ms Soars convicted Flor of the offence and sentenced him to a 14 month Intensive Corrections Order, or a community based prison sentence.