Sentencing of the arsonist who set a house on fire, with an 81-year-old woman inside, has been delayed again so a psychologist can investigate whether she has an acquired brain injury, or if she forgot lighting the blaze altogether.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
It will be three years to the day that Lisa Hay, 36, set the Wangaratta house on fire, when she returns to court on September 1.
A jury found her guilty of arson back in February.
Her barrister Martin Kozlowski told the County Court on Wednesday that a psychologist report recommended a further neuropsychological assessment looking into whether Hay has an acquired brain injury.
"Ms Hay has been the victim of persistent abuse by her ex-boyfriend," he said.
"This is a serious case.
"If there are neuropsychological issues, the court ought to be aware of them."
RELATED:
He said an explanation would not mean Hay was not guilty, but could explain why she denied the arson and challenged the charges at trial. "It goes to the question of Ms Hay possibly not remembering the offending," Mr Kozlowski said.
"She still denies the offending because she still has no recollection of it.
"If that lack of recollection can be explained, that would clearly assist on the issue of remorse."
Hay started a fire at the back door of her neighbour Catherine Siegers' Burke Street home in the early hours of September 1, 2017, which destroyed the house, but the victim was able to escape without serious harm.
Prosecutor David O'Doherty told the court Hay has to be sentenced as a "serious arson offender" because she was also convicted of setting fires at the home of another neighbour.
He did not oppose adjourning the case until September, saying the extra information would help the court understand the motivations for the crime and protect the community from Hay - in light of a "troubling" initial report.
"The doctor has reported that Ms Hay had no ill-feeling towards Ms Siegers," he said.
"In fact, she said that she felt bad about what had happened to her because she was a nice lady.
"She said 'I reckon if I needed help, she would have helped me, she gave me cat food for my son's cat'.
"She denied any feeling of resentment so it's becomes very troublesome."
The victim Catherine Siegers gave evidence at the trial and watched Wednesday's court hearing over video link.
Judge Damian Murphy said it had been a long time for her to wait for a resolution to the case.
"Ms Siegers, sorry the matter hasn't been resolved today and it won't be resolved until after we get this further material," he said.
