Published 03 September 2019
Sentencing — arson — causing damage by fire recklessly and without claim of right — intentional conduct — school — fireworks — Crimes Act 1961, s 267(1)(b). The defendant appeared for sentence after pleading guilty to one charge of arson, specifically that she had caused damage by fire recklessly and without claim of right. At the time of the offending the defendant was 19. She and an old school friend were letting off fireworks after drinking. They were walking through the defendant's old school when the defendant's friend dared her to shoot a firework through an open window, which she did. They waited until the glow inside had died down before leaving but while they were walking away heard sirens and noticed smoke. Between one and two million dollars worth of damage was caused, as well as the emotional harm inflicted on the staff and students. Mitigating factors were that the defendant had no malice towards the school (the act was one of stupidity rather than ill-intention), she immediately admitted her offending, co-operated with the prosecution, showed remorse, attended restorative justice, was young and had no previous convictions. A starting point of two and half years' imprisonment was adopted. This was reduced to 12 months for early guilty plea, for giving evidence against her codefendant, and for her youth. As this was a short sentence, the Judge was able to consider imposing a community-based sentence rather than one of imprisonment. It was clear that imprisonment would make rehabilitation difficult and stop the defendant from entering into tertiary study. The final sentence was six months' community detention with a 7pm-7am curfew, 12 months' intensive supervision and 300 hours of community service. Judgment Date: 18 February 2019.
This website explains many of the things you might want to know if you are coming to the Youth Court, or just wondering how the Youth Court works.
Visit website›Ministry of Justice website with information on family issues including about going to court, forms and other times when you may need help.
Visit website›For information about courts and tribunals, including going to court, finding a court & collection of fines and reparation.
Visit website›On this site you will find information about our Supreme Court, Court of Appeal and High Court including recent decisions, daily lists and news.
Visit website›