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Home / New Zealand

Vengeful ex jailed for arson, theft

By Cherie Taylor
Wairarapa Times-Age·
25 Aug, 2014 07:57 PM2 mins to read

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Judge Barbara Morris sentenced James Andrew Birchall in Masterton District Court to nine months jail.

Judge Barbara Morris sentenced James Andrew Birchall in Masterton District Court to nine months jail.

A 53-year-old Masterton man has been jailed for setting fire to a house causing $20,000 worth of damage, and for stealing underwear and super-gluing keys into the doors of his former partner's home.

Judge Barbara Morris sentenced James Andrew Birchall to nine months at the Masterton District Court on Thursday.

Defence lawyer James Elliott said it was an "extraordinary" case as Birchall was questioned by police following the incidents and was only arrested after handing himself in to police and confessing.

Birchall had previously pleaded guilty to reckless arson, burglary and intentional damage. The arson relates to an incident in 2012 when he evicted a flatmate. He stacked the flatmate's belongings, including a gas heater, against the side of the house. Before leaving for an appointment, Birchall set fire to an oil-soaked rag and threw it on to the pile of belongings and walked away. The blaze spread to the house, causing extensive damage to the home.

Then between November 1, 2013 and February 3 this year, Birchall went to his ex-partner's home and not finding her home, entered the laundry and stole several pairs of her underwear.

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On two occasions he went inside the house and super-glued the key locks, snapping keys into the locks, causing $150 damage.

Mr Elliott said Birchall was struggling with mental illness and had found it difficult since his relationship with the victim had broken down.

Birchall had confessed to police, he said.

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"His conscience got the better of him ... he is extraordinarily remorseful for his offending."

Judge Morris said his ex-partner was frightened by his actions, afraid to go home and afraid to go out. "There was some malice involved."

It was also lucky no one was in the house at the time of the arson, but he had placed people at risk, she said.

"There is always a risk of fire getting out of control. Firefighters can be hurt as well."

Using a starting point of 29 months' imprisonment, Judge Morris gave Birchall discounts for his early guilty plea and his extreme remorse.

She sentenced him to nine months' jail and granted leave for him to apply for home detention if a suitable address was found.

"No doubt all this offending has had a significant impact on you ... not all is lost ... You have done all you can to make good [from] this offending," she said.

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