Published 22 September 2021
Sentencing — dangerous driving causing death — dangerous driving causing injury — driving over speed limit — driving while intoxicated — driving without licence — breach of parole — no guiding tariff — Gacitua v R [2013] NZCA 234 — Richards v R [2017] NZCA 232 — Sentencing Act 2002. The defendant appeared for sentencing on one charge of dangerous driving causing death, and two of dangerous driving causing injury. He had crashed his car while driving at speed on a wet road late at night. One of his passengers was killed and the other two were seriously injured, as was the defendant himself. The aggravating features were major consequences and serious harm caused, breach of parole, consumption of alcohol (although the defendant was not intoxicated) and driving while unlicenced. The Court set a start point for sentence of four years' imprisonment, uplifted by one month for breach of parole. The Court applied discounts for guilty plea, remorse, and for the injuries the defendant suffered in the accident. The final sentence was two and a half years' imprisonment and a four-year disqualification from holding or obtaining a driver's licence.
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