Appeal chance for man who set home alight

A man who set fire to his home because he believed it was possessed by spirits has won the right to appeal against his prison sentence on the grounds that he is mentally ill.

Kerry Richard Hall, 46, pleaded guilty to arson last year after he used a lighter to set fire to bedding at his Christchurch social housing unit, causing $38,000 worth of damage to the living room and bedroom.

He was jailed for two years and seven months.

On the day of the arson, Hall, a drug addict, was upset about the break-up of a relationship and had been using illicit substances. Neighbours said he was acting erratically and was shouting about evil spirits that were trying to kill him.

Agitated and aggressive towards emergency services that responded, Hall brandished a tree branch and swung it at them threateningly. A member of the public restrained him until police arrived.

With mental health problems spanning more than two decades, including a diagnosis of schizophrenia, Hall had also experienced brief periods of psychosis.

However, at the time of the court case, clinicians concluded he was not insane and was fit to plead. The judge overseeing the case thought a starting point of

4 1⁄2 years in prison was appropriate, minus

10 months for Hall’s mental issues and

13 months for his guilty plea.

But Hall believed the starting point should be a three-year term, minus time for his mental issues and guilty plea, which would reduce his total prison time to 13 months.

His first application to the High Court for leave to appeal against the sentence was denied, but his second appeal was granted by the Court of Appeal this week.

Summing up, Justice Jillian Mallon said a miscarriage of justice could arise if the starting point for Hall’s sentence did not take into account the full extent of his mental health issues. She granted him leave to bring a second appeal.