Published 29 March 2019
Sentencing — dangerous driving causing death — police chase crash — dangerous driving causing injury — Gacitua v R [2013] NZCA 234. The defendant appeared in Court for sentencing on four charges; two charges of dangerous driving causing death and two for dangerous driving causing injury. The defendant drove himself and four other passengers and was recorded travelling 130km per hour in an 80km per hour zone. A police chase ensued in which the defendant was estimated to have been travelling at times in excess of 150km per hour. When accelerating away from an intersection, the defendant lost control of the vehicle, slid across wet grass and collided with a large tree. Two of the passengers died from their injuries at Auckland Hospital, while the remaining passengers sustained injuries. The defendant pleaded guilty at the sentencing indication stage, where the Judge indicated an appropriate staring point to be five and a half years, due to the loss of two lives, the vulnerability of the victims as passengers relying on the defendant, the relatively high level of premeditation and the breach of the defendant's driver's licence category. The Judge also indicated that a 13 month deduction would apply for a guilty plea, bringing the sentence to four years and five months. The Judge then applied a six month discount for the defendant's remorse, having engaged with the restorative justice process with the families of the deceased, and a further five month reduction for the defendant's relative youth and personal background. For previous good character and having no prior convictions, the Judge deducted three months, bringing the final sentence on all four charges to three years' imprisonment, served concurrently. The defendant was also disqualified from holding or obtaining a driver's licence for one year for each charge. Judgment Date: 31 October 2018.
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