IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY
I TE KŌTI MATUA O AOTEAROA WAIHŌPAI ROHE
CRI-2021-425-000003
[2021] NZHC 1621
BETWEEN SHANE JAMES LYON
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 28 June 2021 Appearances:
T J Jackson for the Appellant
C E R Power for the Respondent
Judgment:
2 July 2021
JUDGMENT OF NATION J
Introduction
[1] The appellant, Shane James Lyon, was sentenced to 24 months’ imprisonment by Judge Farnan in the District Court at Queenstown1 in respect of charges of arson (2),2 burglary (2),3 and making false statements to the Police.4 He was ordered to pay reparation in the sum of $7,050.
[2] My Lyon appeals his sentence on the basis it was not the least restrictive outcome in the circumstances and home detention should have been imposed.
1 R v Lyon [2021] NZDC 610.
2 Crimes Act 1961, ss 267(1)(a) and 267(1)(b).
3 Section 231(1)(a). Including one representative charge.
4 Summary Offences Act 1981, s 24(a).
LYON v POLICE [2021] NZHC 1621 [2 July 2021]
Background
[3] My Lyon was employed on a Central Otago station as a stockman and shepherd from approximately 1 September 2018 until his arrest on 16 August 2019. The station is located just outside Alexandra in the Galloway district.
[4] The victims of Mr Lyon’s offending are his former employers, a family who own the station. They live in a homestead on the property with their three children. A number of other dwellings are located near the homestead including a three bedroom house that was occupied by Mr Lyon, his then wife and two children. Another cottage was occupied by a family who have two children with special needs. All of the buildings are within 150 m of each other and Mr Lyon had free reign of the property.
[5] Shortly after Mr Lyon commenced his employment, the victims noticed small amounts of cash were missing from their kitchen where it was stored in envelopes. On several occasions amounts of up to $400 went missing and in March 2019 $650 from a children’s sports fundraiser was taken. The victims reported the thefts to the Police and installed cameras around the property. The cameras were subsequently either stolen or disabled.
[6] On 13 August 2019 the victims left the station for 48 hours, informing only Mr Lyon of where they were going. At about 7.30 pm Mr Lyon went to the homestead and took $180 cash from the kitchen. He then placed a tea towel in the wall oven and turned the oven on. Mr Lyon proceeded to break into the gun cabinet located in an out-building. He took four of the five rifles and placed them in positions leading away from the cabinet to give the appearance that the guns had been dropped by fleeing burglars. Some of the guns were loaded. Mr Lyon returned to the homestead and turned off the oven. By that stage the tea towel had created a fire in the oven and smashed the interior…
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