BETTERIDGE v R [2019] NZCA 463
The Court concluded the 21 month prison sentence was excessive in the circumstances and that an eight month home detention order with specified standard and special conditions better served the purposes of sentencing, including rehabilitation and protection, and therefore substituted that sentence for imprisonment.
Source-derived case information.
- Citation
- [2019] NZCA 463
- Parties
- Appellant: Kyra Betteridge; Respondent: The Queen
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 27 September 2019
- Procedural Posture
- Criminal Appeal (sentence) / Court of Appeal Decision on Sentence
- Outcome
- Appeal allowed; sentence of 21 months' imprisonment quashed and substituted
- Legal Topics
- Home Detention, Conditions of Sentence, Non Association Orders, Assessment and Counselling Requirements, Substitution of Sentence
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kyra Betteridge
Appellant
The Queen
Respondent
Procedural Posture
Criminal Appeal (sentence) / Court of Appeal Decision on Sentence
Legal Issues
- 1 Whether the imposed custodial sentence was excessive
- 2 Whether home detention was an appropriate substitute for imprisonment in the circumstances
- 3 Whether the special conditions imposed were appropriate and necessary
Ratio Decidendi
The Court concluded the 21 month prison sentence was excessive in the circumstances and that an eight month home detention order with specified standard and special conditions better served the purposes of sentencing, including rehabilitation and protection, and therefore substituted that sentence for imprisonment.
Court Disposition
Appeal allowed; sentence of 21 months' imprisonment quashed and substituted
Orders
- Quash sentence of 21 months' imprisonment and substitute 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.
- Special condition (a): Attend an assessment for alcohol and drug counselling as directed by a Probation Officer and attend and complete any counselling, treatment or programme as recommended by the assessment as directed by and to the satisfaction of a Probation Officer.
Full Case Text
Judgment text and source record
1 paragraphs
BETTERIDGE v R [2019] NZCA 463 [27 September 2019]IN THE COURT OF APPEAL OF NEW ZEALANDI TE KŌTI PĪRA O AOTEAROACA338/2019[2019] NZCA 463BETWEEN KYRA BETTERIDGEAppellantAND THE QUEENRespondentHearing: 25 September 2019Court: Clifford, Lang and Ellis JJCounsel: A J Maxwell-Scott for AppellantB D Tantrum and D R Green for RespondentJudgment: 27 September 2019 at 11.30 amJUDGMENT OF THE COURTThe appeal against sentence is allowed.____________________________________________________________________[Reasons to follow][1] The appeal against sentence is allowed. Ms Betteridge's sentence of21 months' imprisonment is quashed and substituted by a sentence of eight months'home detention, subject to standard conditions, to be served at the address specifiedin the Department of Corrections' Provision of Advice to Courts memorandum dated24 June 2019 and subject also to the following special conditions:(a) To attend an assessment for alcohol and drug counselling as directed bya Probation Officer and to attend and complete any counselling,treatment or programme as recommended by the assessment as directedby and to the satisfaction of a Probation Officer.(b) To attend a psychological assessment with a departmental psychologistas directed by a Probation Officer and complete any treatment and/orcounselling as recommended by the assessment to the satisfaction of aProbation Officer.(c) Not to communicate in any way or associate with Simon Walker,Christopher Smith, Leon Wilson, Dylan Boyle, Grant Wickens orJames Green without the prior written approval of a Probation Officer.Solicitors:Crown Solicitor, Auckland for Respondent