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New Zealand Police v FV [2018] NZYC 542

Published 05 March 2019

Sentencing — dangerous driving causing death — dangerous driving causing injury — unlawfully taking a motor vehicle — supervision with residence — supervision with activity — Oranga Tamariki Act 1989, ss 5, 208, 284 & 289. The young person, FV, appeared for sentencing on one charge of dangerous driving causing death, three charges of dangerous driving causing injury and one charge of unlawfully taking a motor vehicle. FV and four other young people stole a motor vehicle after being kicked out of an event. They drove around the city until after 2am when a police officer tried to pull the car over after witnessing it speeding. FV was driving and instead of stopping he sped away, reaching speeds of 160km per hour. Eventually FV lost control of the car which spun out, hit a bank and became airborne. Once the car stopped FV got out of the car and attempted to run away but was caught by police. During the crash, the four other young people were ejected from the car out of the boot. One of the young people suffered severe head injuries and died at the scene. The other three suffered injuries. Counsel for FV submitted the sentence should be supervision with activity, as this would be the least restrictive possible sentence in the circumstances. The Crown advocated for a sentence of supervision with residence due to the serious nature of the offending and impact on the victims' families. Also it would allow FV to continue the progress he had made in residence so far. In determining the sentence, the Judge acknowledged FV's troublesome upbringing, marred with domestic violence and Oranga Tamariki involvement. FV was sad about what had happened and had both sporting and academic potential. However, the risk of FV re-offending was too high to release him from residence. Supervision with residence, the most serious sentence available in the Youth Court, was deemed to be the only option available in the circumstances. The Judge took into account the time FV had already spent in residence and sentenced him to another four months. Upon his release a supervision order was to be enacted. FV was also disqualified from holding or obtaining a driver's licence for one year. Judgment Date: 20 September 2018. * * * Note: Names have been changed to comply with legal requirements * * *

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