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R v Burgess [2022] NZDC 23665

Published 21 February 2023

Sentencing — arson — hate crime. Two defendants appeared for sentence on a charge of arson. They had lit a fire inside a wheelie bin and pushed it up against a building that housed the Tauranga Rainbow Youth centre. The fire completely destroyed the building. The Court considered that the offending, while very serious, was not a hate crime. By reference to case law, the Court set a start point for sentence of 18 months' imprisonment. The defendants were allowed reductions for guilty plea and developmental problems. The first defendant was sentenced to nine months' imprisonment, and the second to six months' home detention. The Court also imposed conditions to improve the defendants' mental and intellectual health and to help them avoid further antisocial behaviour. Judgment Date: 29 November 2022.