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Home / New Zealand

'Too far to drive' to complete community service

John Weekes
By John Weekes
Online Business Editor·NZME.·
9 Jun, 2015 03:08 AM3 mins to read

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The Court of Appeal in Wellington heard the latest in the warring neighbours saga. Photo / File

The Court of Appeal in Wellington heard the latest in the warring neighbours saga. Photo / File

A man with a mouth "like an open sewer" who drove his neighbours off their rural block says he spends too much time driving to do community work.

In February, a jury in New Plymouth found Peter John Kennedy guilty of threatening grievous bodily harm to Elizabeth Shewan.

Kennedy made a throat-slitting gesture at Ms Shewan, which the Crown said was part of a vile campaign against his neighbours.

The Court of Appeal in Wellington today heard the latest in the warring neighbours saga.

Kennedy has appealed his sentence of 180 hours' community work and his lawyer said a financial penalty was more appropriate for him - and potentially helpful for his victims.

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Mr Kennedy lives in Whangamomona, near remote State Highway 43, also known as the Forgotten World Highway.

His lawyer Peter Brosnahan described Kennedy's East Taranaki home as a "far out place" that made the terms of his community work onerous and unusual.

Mr Brosnahan said Kennedy lived at least a 105-minute drive from Stratford. He said by the time Kennedy completed his community work, he'd have spent an extra 70 to 80 hours just driving to the community work location.

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Kennedy hoped the Court of Appeal would change his sentence.

"He's indicated all along he's happy to make some emotional harm reparation payment."

Mr Brosnahan said district court Judge Allan Roberts seemed to have a "head of steam" and Kennedy received a "brief denunciation" without the sentencing process properly pursued earlier this year.

Mr Brosnahan called the sentence "way off the mark" and said the judge should have based his sentence on "knowledge, rather than irritation."

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Justice Joseph Williams asked Mr Brosnahan what Kennedy's previous lawyer told the sentencing judge when sentencing options were discussed.

"Nothing," Mr Brosnahan replied. "Whether he gave the option or not I'm not sure."

Crown counsel Mark Lillico said the appellant could "poke big holes' in Judge Roberts' decision but could not say the sentence was wrong.

Mr Lillico said Kennedy's appeal fell short of what the Sentencing Act required.

He said a possible alternative - jail - would involve "one trip" and so be less inconvenient for Kennedy.

"People do go to jail for this kind offending," Mr Lillico said when referring to the throat-slitting gesture. "The judge found it was part of a campaign - it wasn't a one-off."

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Justice Williams said Kennedy was in reality spending something like 250 to 270 hours on his community detention when driving was tallied up.

Justice Williams also said Kennedy would spend something like an additional $2000 on petrol to get to and from his community work obligations.

The judges were now considering whether that kind of money would be better spent on reparation to Kennedy's victims.

The Court of Appeal heard the couple suffered another setback when their new South Island property burnt down after they moved away from Kennedy.

The jury in February found Kennedy not guilty of assaulting Ms Shewan's partner, Wayne McIvor.

"Your mouth is filthy, like an open sewer," the Taranaki Daily News reported the judge as telling Kennedy at sentencing.

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The three Court of Appeal judges reserved their decision today and said they would issue it in writing.

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