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A judge has granted the wish of an arsonist who told police he burned down his South Auckland accommodation because others who lived in the building were too loud and he wanted to go back to jail.

By the time Wayne Butcher, 58, appeared in Manukau District Court last week for sentencing he had been in jail for 10 months since his September 2024 arrest.

The blaze also damaged adjoining units at the Lincoln Rd, Manurewa property, which is described in court documents as having contracted to an organisation that supports people with mental health and addiction issues.

The task for Judge Noel Cocurullo was to decide if Butcher should receive home detention or a custodial sentence.

Butcher was having difficulty finding a place willing to host him on home detention, not that it seemed to matter much to him.

“I think, taking a realistic approach, at the moment there is no place for him to go,” defence lawyer Shane Tait told the judge, explaining his client would be left “effectively homeless” if his sentence amounted to time served.

“Whilst in custody, the schizophrenia has been treated and his mental health is better away from the methamphetamine and the addiction.”

With a sentence of over two years’ imprisonment, Butcher would be up for parole relatively quickly but have the benefit of parole oversight upon release, the defence lawyer said.

Crown prosecutor Anna Lin took no issue with the approach.

Court documents state Butcher lit the fire on his bed around 4.25am on a Sunday using toilet paper as kindling.

“The fire quickly spread and engulfed his entire unit in flames,” the agreed summary of facts states.

“In explanation, the defendant stated he intentionally lit the fire because he was tired of the apartment complex always fighting and yelling. He said he wanted to go to jail because there was nothing in society for him.”

He faced a sentence of up to 14 years’ imprisonment for a charge of wilfully setting a fire that endangers life.

Judge Cocurullo acknowledged Butcher’s mental health issues but said an insanity defence was found not to be available.

“There is a significant amount of damage here,” he said.

The judge ordered a four-year starting point, with reductions of 25% for his guilty plea and 20% for his personal circumstances – particularly his mental health.

It resulted in a 22-month sentence, but the judge increased it by another four months in exchange for cancelling significant unpaid fines.

He noted that prosecutors were unable to get an exact damage amount from the victims. But even if he had an exact figure he would be unlikely to order restitution, he said.

“It’s highly unlikely you could ever pay it,” he said.

The original version of this story described the residence as a boarding house, which is incorrect. It also incorrectly stated there was a conflict with roommates but it was other people living in the apartment complex who were fighting and yelling. ��һ�ǿ����� apologises for the errors.

Craig Kapitan is an Auckland-based journalist covering courts and justice. He joined the Herald in 2021 and has reported on courts since 2002 in three newsrooms in the US and New Zealand.