Published 05 September 2019
Sentencing — dangerous driving causing death — failing to stop and ascertain injury — driving with excess breath alcohol content — driving while licence suspended — unsafe vehicle — previous convictions — Gacitua v R CA706/2012 [2013] NZCA 234 — R v Thomas [2018] NZHC 819 — Stephens v Police [2014] NZHC 175 — Roberts v Police [2013] NZHC 2233 — R v Cooksley [2003] 3 All ET 40 — Land Transport Act 1998, ss 36 & 36A(a) — Sentencing Act 2002, ss 7 & 8. The defendant appeared for sentencing on charges of dangerous driving causing death, failing to stop and ascertain injury, driving with excess breath alcohol and driving while suspended. After drinking tequila, he had driven an obviously unsafe vehicle at excessive speeds (up to 112 km per hour in a 50 km per hour zone) before crashing into another vehicle. He then left the scene, taking off his top in an attempt to change his appearance. The driver of the other vehicle died at the scene. The final charge of driving while suspended arose from a separate incident while the defendant was on bail awaiting trial. The Court identified the aggravating features of the offending as being drink-driving, speeding, prolonged and persistent bad driving, driving an obviously unsafe car, and driving outside the conditions of his licence. The start point for sentence was six years' imprisonment. This was uplifted by twelve months for the offending arising from the second incident, and for the defendant's lengthy list of driving-related previous convictions. The Court then applied discounts for remorse, efforts at rehabilitation, willingness to attend restorative justice and belated guilty plea. The final sentence was five years two months' imprisonment and ten years' disqualification from driving. Judgment Date: 16 January 2019.
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