TREGOWETH v R [2021] NZCA 276
The Court found the original sentence of two years and three months was excessive and substituted a two year sentence, while imposing special release conditions requiring abstinence and assessment/treatment for alcohol and drugs, with those conditions expiring six months after the sentence expiry date.
Source-derived case information.
- Citation
- [2021] NZCA 276
- Parties
- Appellant: Peter James Tregoweth; Respondent: The Queen
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 25 June 2021
- Procedural Posture
- Sentencing Appeal / Court of Appeal Judgment
- Outcome
- Appeal allowed; original sentence quashed and substituted
- Legal Topics
- Sentence Reduction, Special Release Conditions, Alcohol and Drug Treatment
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter James Tregoweth
Appellant
The Queen
Respondent
Procedural Posture
Sentencing Appeal / Court of Appeal Judgment
Legal Issues
- 1 Whether the original sentence was manifestly excessive
- 2 Appropriate quantum of custodial sentence
- 3 Whether and what special release conditions should be imposed relating to alcohol and drug treatment
Ratio Decidendi
The Court found the original sentence of two years and three months was excessive and substituted a two year sentence, while imposing special release conditions requiring abstinence and assessment/treatment for alcohol and drugs, with those conditions expiring six months after the sentence expiry date.
Court Disposition
Appeal allowed; original sentence quashed and substituted
Orders
- Original sentence of two years and three months' imprisonment quashed
- Sentence substituted by two years' imprisonment
Full Case Text
Judgment text and source record
1 paragraphs
TREGOWETH v R [2021] NZCA 276 [25 June 2021]IN THE COURT OF APPEAL OF NEW ZEALANDI TE KŌTI PĪRA O AOTEAROACA231/2021[2021] NZCA 276BETWEEN PETER JAMES TREGOWETHAppellantAND THE QUEENRespondentHearing: 23 June 2021Court: French, Thomas and Muir JJCounsel: O S Winter and G M Stone for AppellantM H Cooke for RespondentJudgment: 25 June 2021 at 11 amJUDGMENT OF THE COURTA The appeal against sentence is allowed.B The sentence of two years and three months' imprisonment is quashed andsubstituted by a sentence of two years' imprisonment.C The following special release conditions are imposed:(i) The appellant is not to possess, consume or use any alcohol or drugs notprescribed to him.(ii) The appellant is to attend an assessment for alcohol and drugcounselling, including an assessment for residential alcohol and drugtreatment, as directed by his Probation Officer. He is to attend andcomplete any counselling, treatment or programme as recommendedby the assessment or assessments as directed by and to the satisfactionof his Probation Officer.(iii) The appellant is to undertake and complete any other appropriateassessment, treatment and/or counselling as directed by and to thesatisfaction of his Probation Officer.D The standard and special release conditions expire six months after thesentence expiry date.____________________________________________________________________[Reasons to follow]Solicitors:WinterWoods, Palmerston North for AppellantCrown Law Office, Wellington for Respondent