Betteridge v The Queen

[2019] NZCA 463

IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

 CA338/2019
 [2019] NZCA 463

BETWEEN	KYRA BETTERIDGE Appellant
AND	THE QUEEN Respondent

Hearing:	25 September 2019
Court:	Clifford, Lang and Ellis JJ
Counsel:	A J Maxwell-Scott for Appellant B D Tantrum and D R Green for Respondent
Judgment:	27 September 2019 at 11.30 am

JUDGMENT OF THE COURT

The appeal against sentence is allowed.

____________________________________________________________________

[Reasons to follow]

1. The appeal against sentence is allowed.  Ms Betteridge’s sentence of 21 months’ imprisonment is quashed and substituted by a sentence of eight months’ home detention, subject to standard conditions, to be served at the address specified in the Department of Corrections’ Provision of Advice to Courts memorandum dated 24 June 2019 and subject also to the following special conditions:

   (a)To attend an assessment for alcohol and drug counselling as directed by a Probation Officer and to attend and complete any counselling, treatment or programme as recommended by the assessment as directed by and to the satisfaction of a Probation Officer.

   (b)To attend a psychological assessment with a departmental psychologist as directed by a Probation Officer and complete any treatment and/or counselling as recommended by the assessment to the satisfaction of a Probation Officer.

   (c)Not to communicate in any way or associate with Simon Walker, Christopher Smith, Leon Wilson, Dylan Boyle, Grant Wickens or James Green without the prior written approval of a Probation Officer.

Solicitors:
Crown Solicitor, Auckland for Respondent