Published 14 February 2022
Sentencing — arson — no guiding tariff — Sentencing Act 2002, ss 27 & 38. The defendant appeared for sentence on charges of arson and burglary. Together with a young family member he had broken into a private residence, stealing a number of items. While searching the house, the defendant found a police uniform and set it on fire. The defendant and other person left, leaving the fire to do significant damage to the house. The offending was aggravated by unlawful entry to a dwelling, causing major financial (over $25,000 worth) and emotional damage, offending with somebody for whom he had a duty of care, and targeting a police officer. In mitigation the defendant had had a traumatic upbringing, was willing to engage in restorative justice, had expressed remorse and pleaded guilty. The mitigating factors reduced the sentence from a start point of four years two months' imprisonment to a final sentence of two years four months. Judgment Date: 15 October 2020.
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