Tregoweth v The Queen

[2021] NZCA 276

IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

 CA231/2021
 [2021] NZCA 276

BETWEEN	PETER JAMES TREGOWETH Appellant
AND	THE QUEEN Respondent

Hearing:	23 June 2021
Court:	French, Thomas and Muir JJ
Counsel:	O S Winter and G M Stone for Appellant M H Cooke for Respondent
Judgment:	25 June 2021 at 11 am

JUDGMENT OF THE COURT

AThe appeal against sentence is allowed.

BThe sentence of two years and three months’ imprisonment is quashed and substituted by a sentence of two years’ imprisonment.

CThe following special release conditions are imposed:

(i)     The appellant is not to possess, consume or use any alcohol or drugs not prescribed to him.

(ii)     The appellant is to attend an assessment for alcohol and drug counselling, including an assessment for residential alcohol and drug treatment, as directed by his Probation Officer.  He is to attend and complete any counselling, treatment or programme as recommended by the assessment or assessments as directed by and to the satisfaction of his Probation Officer.

(iii)    The appellant is to undertake and complete any other appropriate assessment, treatment and/or counselling as directed by and to the satisfaction of his Probation Officer.

DThe standard and special release conditions expire six months after the sentence expiry date.

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[Reasons to follow]

Solicitors:
WinterWoods, Palmerston North for Appellant
Crown Law Office, Wellington for Respondent