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New Zealand Police v Barnao [2024] NZDC 19798

Published 06 November 2024

Sentencing — wilful trespass — defence of necessity — abortion — Sentencing Act 2002. The defendant faced sentence on a charge of wilful trespass. He had gone to Wellington Hospital after being warned not to, and then refused to leave after being asked. At trial the defendant had claimed the defence of necessity. His argument was that he had had to go to the Hospital to prevent unborn children from being aborted. The Court had found that the defendant's religious beliefs were genuine and sincere, but that they were not a defence to the charge. The defendant had 14 previous trespass convictions, and the Court observed that being sentenced had no deterrent effect on him. His religious beliefs were neither an aggravating nor a mitigating factor. The Court decided not to imprison the offender, finding that this would provide no real protection to the community. The sentence was 80 hours' community work and 12 months' intensive supervision with conditions. Judgment Date: 20 August 2024