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R v Henare [2022] NZDC 6194

Published 07 March 2023

Sentencing — arson — revenge attack — Hall v R [2021] NZCA 314 — Ollerenshaw v R [2010] NZCA 32 — R v Skeens CA341/01, 26 February 2002 — R v Munro CA132/02, 24 July 2002 — R v Hooper [2021] NZHC 62 — Lefebvre v Police HC Christchurch CRI-2008-009-2907, 10 July 2008 — Erickson v R [2012] NZCA 449 — R v Taylor CA488/94, 17 July 1995 — Mallett v R [2014] NZCA 39. The defendant was to be sentenced on an arson charge. He had lit a house on fire, largely destroying it. A person had been asleep in the house at the time, but she was able to escape after being alerted by neighbours. The defendant had been highly stressed at the time of the offending after a period of intense conflict with his then-partner, who had been staying at the house in question. The offending was aggravated by premeditation, major impact on the victims, causing major property damage, and endangering lives and neighbouring properties. The start point for sentence was four and a half years' imprisonment. In mitigation the defendant was young, had admitted to the offending, cooperated with the police, and had shown remorse. The Court made further discounts for the defendant's psychological problems and time spent on electronic bail. Based on evidence received, the Court elected to impose a final sentence of 11 months' home detention. Judgment Date: 7 April 2022