A Tasmanian grandmother who deliberately set fire to the home she had lived in for almost four decades after discovering it had been left to her daughter-in-law has avoided jail, with a judge describing her case as one calling for mercy.
Eileen Joyce Davey, 69, was sentenced in the Supreme Court in Launceston after pleading guilty to one count of arson over the October 2024 blaze that destroyed the Red Hills property near Deloraine.
The court heard Davey had shared the home with her husband, Alan Walker, for 38 years before their relationship broke down in 2023.
After Mr Walker became ill, he moved in with Davey’s daughter-in-law, who cared for him until his death later that year. Davey was then informed that the house she had called home for almost 40 years had been left to her daughter-in-law rather than to her.
Justice Robert Pearce said Davey felt deeply betrayed by the decision.
The court heard that after being issued with a notice to vacate, Davey remained at the property after others helping her move had left.
“Before finally leaving, when everyone else had left, you lit the fire,” Justice Pearce said.
“You said you were angry … if you cannot live there, nobody else would because you would burn it down.”
The blaze largely destroyed the home.
While sentencing Davey, Justice Pearce acknowledged the emotional toll of losing both her husband and the family home.
“He did not make you a beneficiary of his will,” the judge said, adding that her feelings of “betrayal” were “easy to understand”.
The court also heard Davey had experienced considerable hardship throughout her life, had limited education and literacy, and had not understood she may have been able to challenge the will.
“Your illiteracy and lack of knowledge contributed to that situation,” Justice Pearce said.
He also noted that Davey suffers from several chronic health conditions and is now the primary carer for one of her grandchildren.
“I have concluded I should adopt a merciful approach,” he said.
Davey was sentenced to two years’ imprisonment, wholly suspended for 18 months, meaning she will not serve time behind bars unless she commits another offence during that period.
Justice Pearce also ordered her to pay $270,000 in compensation for the destruction of the property, while acknowledging there was “little prospect” she would ever be able to repay the amount.
Image: Stock
