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New Zealand Police v Nicholas [2024] NZDC 6716

Published 13 September 2024

Sentencing — making false statement or report to police — breaching release conditions — hoax bomb threat — Summary Offences Act 1981. The defendant had pleaded guilty to one charge of making a false statement to the police and two of breaching his release conditions. He had rung the police and said that he was going to detonate a bomb in Albert Park in central Auckland. The police cordoned off the park and evacuated the surrounding area. About 60 police attended the incident, along with fire services, ambulances and a bomb disposal unit. The incident lasted about four hours before police determined that although the defendant had an assortment of items that resembled a bomb, there was no actual risk of explosion. The defendant explained that his goal had been to be shot by the police. The defendant had a history of similar offending, and the Court called him a danger to the country. The maximum sentence available for the offending was three months' imprisonment; the Court considered this inadequate to address the severity of the offending, but added that the prosecution had not been able to identify a more suitable charge. With additional sentences for breach of release conditions, the total start point was nine months' imprisonment. With a discount for guilty pleas and an uplift for prior offending, the total sentence was eight months' imprisonment. Judgment Date: 25 March 2024