New Zealand Police v Nutford [2019] NZDC 13278

Published 23 July 2021

Sentencing — arson — burglary — no guiding tariff for offending — Shingleton v Police HC Christchurch CRI-2010-409-72, 1 July 2010 — R v Cox [2013] NZCA 194. The defendant appeared for sentencing on three charges of arson and one of burglary. He had lit fires at a racetrack, a school and a horticultural business. The Court commented that the offending was clearly premeditated and had caused significant damage to the school and to a lesser extent to the horticultural business. Reviewing the authorities and the circumstances of the offending, the Court set a start point of two and a half years' imprisonment for the school and business fires, and uplifted this by six months for the racetrack fire which had occurred on a previous date, and another six months for offending while on bail. With discounts for the defendant's willingness to attend restorative justice and to undertake alcohol and drug counselling, his remorse, difficult upbringing and guilty plea, the final sentence was 27 months' imprisonment. The Court also ordered reparations of $1500 to the school and $636.48 to the business. Judgment Date: 8 July 2019.