R v Haere

In the High Court of New Zealand, Grayson Haere was sentenced for his involvement in a six-day riot at Waikeria Prison over the New Year period of 2020/2021. Haere pleaded guilty to three representative charges: arson (with a danger to life), riotous damage, and assault with a weapon. The court had to decide on the appropriate starting point for sentencing, taking into account the aggravating and mitigating features of the offending, as well as personal factors relevant to the defendant.

The court found that Haere played an active role in the riot, making phone calls to journalists to express the group's intentions, participating in lighting fires, and engaging in assaults on Corrections officers. The Crown argued for a starting point of between 11 years and three months and 12 years' imprisonment, while the defence submitted a starting point of seven years' imprisonment. The court considered the sentences passed on Haere's co-offenders and decided on a starting point of 11 years and six months' imprisonment for the arson charge, with an uplift of one year for the other two charges. This resulted in a global starting point of 12 years' imprisonment, which was reduced by six months to address disparity, resulting in an overall starting point of 11 years and six months' imprisonment.

The court then considered personal factors, such as Haere's guilty plea, remorse, and personal circumstances. The court allowed a 15% discount for the guilty plea, 5% for remorse, and 15% for personal circumstances, resulting in a total discount of 30% of the starting point. This resulted in an end sentence of eight years' imprisonment for Haere on the charge of arson, and five years' imprisonment on each of the charges of riotous damage and assault with a weapon. All sentences were to be served concurrently.

The judge did not impose a minimum term of imprisonment, as it had not been imposed on Haere's co-offenders, and there was no real distinction between their cases that would warrant a different approach. Haere was also discharged under s 147 of the Criminal Procedure Act 2011 on the remaining charges that he faced arising out of the riot at Waikeria Prison.