Published 21 September 2021
Sentencing — arson — breach of release conditions — breach of bail — Hazeldine v Police [2016] NZHC 1132 — Crimes Act 1961, s 267(3) — Criminal Procedure (Mentally Impaired Persons) Act 2003. The defendant appeared for sentence on charges of arson, breach of bail and breach of release conditions (three). The most serious charge of arson arose from an incident where the defendant, who lived in shared accommodation at the time, barricaded her bedroom and set fire to paper and clothes before climbing out her bedroom window. The defendant then asked a passerby to call the police; the Court observed that had the defendant not done this then the fire would have been fatal, given that at least 12 other people were asleep inside the property in the early hours of the morning. The offending was aggravated by endangering the safety of others; causing damage to property; trying to make her room inaccessible to firefighters; and offending while on parole. A specialist report established that at the time of the offending the defendant had been under a mental impairment that fell short of insanity. The Court found the offending to be of moderate to high seriousness, and set a start point for sentence of three years' imprisonment. The Court then added uplifts for previous offending, offending while on parole, and for the remaining offences of breaches of bail and release conditions, taking the total to 52 months' imprisonment. With discounts for guilty plea and mental health problems, the final sentence was three years' imprisonment. Judgment Date: 12 March 2021.
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