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New Zealand Police v Anderson [2021] NZDC 12851

Published 28 April 2022

Sentencing — attempted arson — wilful damage — resisting arrest — Crimes Act 1961, s 268 — Summary Offences Act 1981, s 11(1)(a). The defendant appeared for sentence on charges of attempted arson, wilful damage, and resisting arrest. She had got into an argument with her partner (the victim) that culminated in her smashing several of the victim's laptops and cutting up a number of his belongings with a chainsaw. She then splashed petrol around the victim's house and threatened to burn it down, before being arrested. The aggravating factors were previous violent offending and causing actual damage. The arson charge lacked a guiding tariff but in the circumstances the Court found that a compassionate and pragmatic approach was required. The start point for sentence on the arson charge was six months' imprisonment, with a concurrent one-month sentence for the wilful damage. With a discount for guilty plea, the final sentence was four months' imprisonment. Judgment Date: 28 June 2021