IN THE HIGH COURT OF NEW ZEALAND NEW PLYMOUTH REGISTRY
CRI 2016-443-10 [2016] NZHC 1132
BETWEEN HAYDEN JOHN HAZELDINE
Appellant
AND
NEW ZEALAND POLICE Respondent
Hearing: 11 May 2016 Counsel:
M S Boyd for Appellant
S J Simpkin for RespondentJudgment:
27 May 2016
JUDGMENT OF BROWN J
Background
[1] On 17 February 2016 the appellant pleaded guilty in the District Court at Hawera to a charge under s 268 of the Crimes Act 1961 that on 9 October 2015 he attempted to damage by fire a residential dwelling at Gladstone Street, Hawera. The maximum penalty for that offence is 10 years’ imprisonment.
[2] Judge A C Roberts sentenced the appellant to a term of imprisonment of one year and nine months. The appellant appeals that sentence.
Circumstances of the offending
[3] At about 5.03 pm on Friday, 9 October 2015 the defendant was at his rented residential property in Hawera with his partner and their three children. The defendant and his partner had an argument inside the property and she then went outside with the children. The defendant proceeded to use his lighter to set fire to a
curtain belonging to him in the dining room. Once the curtain was sufficiently alight
HAZELDINE v NZ POLICE [2016] NZHC 1132 [27 May 2016]
he walked out of the house intending for the house to burn down. While outside he told his partner that she had better leave because the house was burning down. She then went back inside and extinguished the burning curtain. Although the curtain was damaged by fire, there was no damage caused to the house. In explanation the appellant said that after arguing with his partner he was frustrated and set the curtain alight with the intention of burning the house down.
Department of Corrections report
[4] The Corrections report noted that the appellant first came to the attention of the Courts in September 2009. His offending history largely comprised burglary, shop lifting, drug related offending and one charge for male assaults female. For those offences he received reparation, community work and supervision. He has two convictions for breach of community work for which he received a final warning on one and imprisonment on the other.
[5] The report noted that the appellant was well supported by his immediate family at Hawera and a Hawera address was proposed as a suitable residence for home detention which was the recommended sentence.
Sentencing notes
[6] After recording the circumstances of the offending and noting the appellant’s prior history of offending, Judge Roberts noted that although home detention was the recommended sentence, regrettably for the appellant that was no longer available. Consequently the issue for the Court was the length of a prison sentence.
[7] The Judge noted that there is no tariff and referred to High Court decisions cited by the Crown solicitor who pointed to three aggravating factors, namely premeditation, the subject property being a domestic dwelling and the potential real danger to others including the three children.
Keep reading for free
Create a free CaseChat account to read Hazeldine v Police and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2016] NZHC 1132
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.