A man who intentionally burnt down his house outside Nowra in the midst of the Black Summer bushfires in order to claim over half a million dollars in insurance claims and government grants will spend up to five years and six months behind bars.
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Judge Christopher O'Brien sentenced Darren Mark Colquhoun, 61, in Downing Centre on Friday, December 15, after the farmer and electrician was found guilty following a judge-alone trial in June 2023.
In October, Judge O'Brien found Colquhoun guilty of setting his house on fire and seven counts of fraud. Colquhoun was found not guilty on one count.
In sentencing Colquhoun, Judge O'Brien said the farmer and electrician's behaviour involved premeditation, planning and a level of sophistication.
"Not isolated or impulsive but rather ongoing and deliberate," Judge O'Brien said.
"As he was successful he became emboldened."
At the peak of the devastating bushfires of early 2020 that destroyed thousands of homes across NSW, Rural Fire Service crews were conducting a burn off in a steep, forested area across the road from Colquhoun's property on Yalwal Road, Barringella, about 10 kilometres west of Nowra.
On January 4, Colquhoun sought to increase the coverage of his insurance policy to cover the contents of his home, but was knocked back by his insurer NRMA.
Early the next morning, Colquhoun made a Triple-0 call telling the operator he woke to find his house on fire.
NSW Fire and Rescue crews arrived and were able to extinguish the blaze, but by 8.30am the house was destroyed.
The day after the fire, Colquhoun made a detailed statement to police, telling investigators that the fire had started after embers from the hazard reduction burns across the road had penetrated the roof of his house and set the structure on fire.
That same day, Colquhoun began one of more than half a dozen fraudulent claims for compensation and relief available to victims of bushfires.
The first was to his home insurer, which accepted his claim for $376,100. Colquhoun also made claims to government agencies and charities, including The Salvation Army, The Australian Red Cross and the St Vincent de Paul Society.
Not only did Colquhoun make claims for assistance for schemes for bushfire relief, but also schemes that were only available to low-income or uninsured victims, including the NSW government's disaster welfare services.
"[Colquhoun] had no right or entitlement to make a claim under this scheme, as his home was destroyed by his own hand, his premises were insured and he had already been paid a not insubstantial amount from his insurer."
The court heard that at the time of claiming he was effectively penniless, Colquhoun had assets in excess of $2 million, including a luxury Lexus four-wheel drive, a Harley Davidson motorcycle and almost half a million dollars in cash in a safe at his home.
The Crown alleged that this cash was the result of Colquhoun's claims, however Judge O'Brien found that only $255,000 was obtained through fraudulent means.
In sentencing Colquhoun, Judge O'Brien said the man's illegal actions chewed up in-demand firefighting resources from actual and ongoing disasters at the time.
"The offender's conduct undoubtedly diverted scarce firefighting resources for those in legitimate need of assistance."
Colquhoun's actions were a "serious" example of this type of offending, Judge O'Brien said, and while he had never been in jail before, had been convicted of assault, firearm offences and breaching the terms of a court order.
"It cannot be said he is a person of prior good character."
Judge O'Brien said Colquhoun had not demonstrated insight or remorse into his offending and maintained his not guilty pleas, however Colquhoun's lawyers indicated he would compensate the organisation's he defrauded, pending the outcome of a flagged appeal.
Taking this into account, Judge O'Brien sentenced Colquhoun to a total term of five years and six months in custody. With time already served, Colquhoun will be eligible for parole on April 2, 2027.
