R. v Clotworthy

Source: (1998) (1998) 15 CRNZ 651 ( C.A.)

This document presents the judgment of the New Zealand Court of Appeal with respect to the sentencing of Patrick Dale Clotworthy. Mr. Clotworthy pled guilty to two violent offenses. The District Court of Auckland sentenced him to two years imprisonment (suspended), reparation, and community service. The Solicitor-General sought to appeal the sentence as being too lenient given the nature of the offenses. The Solicitor-General contended for a longer period of imprisonment (not suspended) and a different reparation order. The document contains a summary of the facts of the case, the sentencing process, the Solicitor-General’s submissions, statutory provisions, the perspectives of Mr. Clotworthy and the victim, and judgment in favor of the Solicitor-General’s appeal for a sentence of longer imprisonment and a different reparation order (though the appeals court expresses the desire not to appear to be in opposition to the concept of restorative justice).