A Mittagong woman has told a court of the deep emotional impact she and her family have experienced since the destruction of her Bowral business by fire.
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Lynda Alexander addressed Goulburn District Court on Thursday, June 15, ahead of sentencing submissions for former Bowral man, Craig Boland.
In April, Boland, 47, pleaded guilty to two counts of break and enter house etc and destroy property to a value greater than $60,000. He has been on conditional bail since November 22.
On Thursday, Judge Julia Baly told the court Boland was charged with breaking into and destroying Highlands Dry Cleaners by fire and stealing $150 on October 15, 2022. He was also charged with destroying Ms Alexander's Mittagong home by fire the same evening.
Dressed in a suit, Boland affirmed these pleas from the dock.
Ms Alexander said the properties' destruction had affected her "emotionally and physiologically."
"I appreciate the opportunity to be heard today and be able to express in my own words the impact of this horrendous and selfish act," she said.
"I think every day, how can anyone have such a hatred in them to call and leave a message on my voice mail to threaten to set fire and burn down a 107-year-old business? Two weeks later he (Boland) decides to maliciously act on his threat. Then hours later, to have no remorse and set fire to my family home, where I lived as a single mother with my two children. This was a premeditated act; thank God no one was home."
She told the court the fires continued to have "disabling effects" on her mental health. In the first months she said she'd been in "over-drive" dealing with three insurance claims and tradesmen at her home, followed by the Bong Bong Street business's demolition.
"My waves of emotions have been a roller coaster ride," Ms Alexander said.
"Trying to manage my own trauma is only one aspect. Trying every day since the fires to keep emotions under control, focusing on protecting my children from their own trauma during this horrible time of our lives."
Ms Alexander, who owned the business for 17 years, said the dry cleaners had supported four generations of families over the years. Now, she said she had no home to live in or a business to support her and her children. Nor could she return to her home, due to nightmares.
"This selfish crime has affected the entire community. He (Boland) has destroyed a very important service within the Southern Highlands," she said.
"...How I move forward after this sentencing, I don't have the answers for."
On Wednesday, crown prosecutor, Simone Foggo urged Judge Baly to consider the "emotional and psychological impact" on Ms Alexander, which was "ongoing."
"It goes beyond just a business; it is a family home as well. Your honour would find that the targeting of two premises would increase the harm to her; it is cumulative," Ms Foggo said.
Defence barrister, Ken Buckman, said he didn't disagree.
The court heard Boland had been drinking at a Bowral Hotel earlier on the evening of October 15 and was charged with mid-range PCA by police. Judge Baly read from agreed facts that Boland had later purchased firelighters and matches from a supermarket, returned to a hotel and continued drinking, then broke into the dry cleaning business and set fire to the premises. Boland had then driven to Mittagong, lit another fire at the victim's home and driven to Sydney afterwards.
Mr Buckman argued Boland's alcohol consumption could have heightened his PTSD and depressive symptoms, for which he'd been taking medication.
"This appears to be a case where the offender completely spiralled to rock bottom and acted in a state where he was out of his mind," he said.
"The extent of moral culpability is something I ask you (the judge) to reflect upon."
Mr Buckman said Boland had taken a drug overdose later that night, was "almost suicidal" and had ended up in a Sydney hospital.
He said while the charges were "incredibly serious" sentencing Boland to prison would "undo the good work" made on his mental health and questioned whether a jail term was in the "community interest." He pointed out that Boland had family support, "everyone was taking care of him and he appeared to be doing well."
In addition, his client had expressed remorse for his actions.
Mr Buckman asked for a sentence of "three years or less," to be served via an intensive corrections order.
Judge Baly replied that she "struggled to accept that submission" and described the charges as "very serious offences".
In response, Ms Foggo said the crown did not concede any particular prison term.
"The crown does not agree that he was acting totally irrationally," she said.
Ms Foggo told the court that Boland had a plan that night, had purchased fire lighting materials and acted on his plan in lighting the blazes.
While accepting that Boland's childhood, divorce and the court matters impacted on his mental health, she said the crown "could not get away from the offences' seriousness and the impact on the victim and community."
Judge Baly adjourned sentencing to Goulburn District Court on Tuesday, June 20. She continued Boland's bail, which requires him to report thrice-weekly to police.
"Bail should not be taken as an indication of how I will ultimately sentence," she said.
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