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New Zealand Police v Henry [2023] NZDC 13768

Published 23 May 2024

Sentencing — doing a dangerous act — riot — parliamentary protest — Covid-19 — attacks on police — throwing objects — Crimes Act 1961, ss 87 & 198(2)(c). The defendant was for sentence on charges of rioting and doing a dangerous act. She had participated in the Wellington protests against the government's Covid-19 measures. The protests grew into a 23-day occupation of the area around the New Zealand parliament, and caused major disruption to local people, businesses and services. When police moved in to restore order to the protest area, some of the protestors became violent. They attacked the police with weapons, threw heavy objects, and lit several fires. Multiple police were injured and some needed hospital treatment, and the sites of the occupation and riot sustained major damage. The defendant joined the attacks, throwing a glass bottle and an umbrella and putting petrol and other items into one of the fires. The Court considered the aggravating factors to be use of violence, the extent of the damage caused, targeting police officers in the course of their duties, and creating a major danger to public safety. The start point for sentence was 20 months' imprisonment. In mitigation the defendant had suffered mental and physical health problems, and had pleaded guilty. The Court imposed a final sentence of four months' home detention and 160 hours' community work. Judgment Date: 30 June 2023