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R v Harvey [2023] NZDC 12792

Published 18 April 2024

Sentencing — reckless driving causing death — burglary — intimidation. The defendant appeared for sentence on charges of reckless driving causing death, burglary and intimidation. There were two instances of offending, which were connected. First, the defendant drove through a flooded river with two people in his four-wheel drive (the victims). He did this because he had only just bought the vehicle and wanted to see how it would perform in flood conditions. The defendant lost control of the vehicle, and the first victim was trapped inside and drowned. Several weeks later the defendant went to the second victim's house and forced his way inside. The Court set a sentence start point of 30 months' imprisonment, and then made a 25 per cent reduction for remorse. Following further reductions for high level of remorse, engaging in restorative justice with the first victim's family, and time spent on bail, the final sentence was seven months' home detention and 150 hours' community work. Judgment Date: 21 June 2023