Former Queenstown bouncer Jonathan Dixon has had his
conviction over the 'Tindallgate' CCTV scandal during the Rugby
World Cup quashed -- and replaced with another one.
Dixon appealed against both his conviction and sentence for
accessing a computer at the Altitude Bar in Queenstown in
September 2011 when he was contracted as a bouncer, and
obtaining the CCTV footage of England rugby captain Mike
Tindall with a former girlfriend.
Tindall is married to the Queen's granddaughter Zara
Phillips, with whom he now has a daughter.
Dixon was sentenced to four months' community detention with
a night-time curfew, and 300 hours' community service for
dishonestly obtaining property.
At his appeal, Dixon argued the basis of the conviction was
flawed, because digital footage did not fall under the
definition of 'property' in section two of the Crimes Act.
The Court of Appeal agreed. However, it said Dixon had been
charged under the wrong part of the law, and should have been
charged with obtaining a benefit.
It quashed his conviction for dishonestly obtaining property,
and convicted him of dishonestly obtaining a benefit.
It rejected his appeal of his sentence, saying it was not
"manifestly excessive", as Dixon had claimed, but represented
the significant breach of trust involved in his offending.