Frethey v The Queen

[2011] NZCA 379

IN THE COURT OF APPEAL OF NEW ZEALAND

CA150/2011
[2011] NZCA 379

BETWEEN  DAVID JOHN FRETHEY
Appellant

AND  THE QUEEN
Respondent

Hearing:         8 August 2011

Court:             Harrison, R Hansen and Andrews JJ

Counsel:         R Fairbrother for Appellant
J E Mildenhall for Respondent

Judgment:      8 August 2011

ORAL JUDGMENT OF THE COURT

The appeal is dismissed.

REASONS OF THE COURT

(Given by Harrison J)

1. David Frethey files an appeal against a sentence of six years imprisonment imposed on him in the District Court at Napier following his conviction after trial before Judge and jury on counts of indecent assault, inducing a girl to perform an indecent act upon him, assault and attempting to pervert the course of justice.

2. The appeal was set down for hearing for 2.15 pm today.  Counsel filed written synopses of submissions in advance of argument.  However, late this morning Mr Fairbrother, Mr Frethey’s counsel, advised that he had instructions to withdraw the appeal.  Mr Fairbrother has confirmed those instructions before us this afternoon. 

3. In the circumstances the appropriate course is to dismiss the appeal. 

4. Counsel are thanked for their attendance.

Solicitors:
Crown Law Office, Wellington