R v Thurston [2017] NZDC 18193

Published 30 January 2018

Setting fire to a motor vehicle with reckless disregard for the safety of others — protest — sentencing — compulsory treatment — Crimes Act 1961, s 198 (2) — Criminal Procedure (Mentally Impaired Persons) Act 1992, s 34 (1) (b) (i) — R v Nilsson CA 552/99 — R v Tuia CA 312/02. The defendant was sentenced after entering a guilty plea. The defendant had driven his vehicle onto parliament grounds and had set it on fire as a protest. In sentencing the defendant, the court noted that there was no tariff judgment for the offending, and that the defendant's mental health at the time of the offending needed to be taken into account. The court found that a sentence of imprisonment was not appropriate in the defendant's case taking into account time spent on electronic bail and the significant improvement in the defendant's mental health. The defendant was sentenced under the Mental Health Act and a community based treatment order was made Judgment Date: 11 August 2017.