Published 13 March 2019
Sentencing — arson — Crimes Act 1961, s 267(1)(a) — explosive device — R v Protos, CA259/04 — R v Cox [2013] NZCA 194 — R v Rameka CA259/04. The defendant appeared for sentencing on one charge of arson, under s 267(1)(a) of the Crimes Act. The defendant obtained products to build an incendiary device which he put under the victim's vehicle. When the device did not detonate as expected, the defendant fashioned a Molotov cocktail, ignited it, and threw it at the car. The car was set on fire and completely destroyed. The victim's house also sustained damage while the victim was still inside. There is no tariff case for arson, so the Judge considered the decisions of R v Protos, R v Cox, and R v Rameka to determine a starting point of three years and six months' imprisonment. The Judge did not add any uplift to the sentence for the defendant's prior convictions as their only common thread was alcoholism; however the Judge also found no personal mitigating factors. The final sentence was for a period of three years and six months.
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