R v DODS [2021] NZHC 2666

R v DODS [2021] NZHC 2666

Given the prolonged, deliberate and highly dangerous driving (including re-entering the motorway in the wrong direction in the fast lane) combined with alcohol at twice the legal limit and detectable methamphetamine, the appropriate starting point for manslaughter was set at six and a half years. A six month uplift for the contemporaneous drug conspiracies was applied, producing a seven year adjusted starting point. The defendant was entitled to a full 25% guilty plea discount and a further global eight percent personal mitigation discount (total one third), yielding a final custodial sentence of four years and eight months. A three year driving disqualification commencing on release was...

Citation
[2021] NZHC 2666
Parties
Prosecution: The Queen; Defendant: Benjamin Mark Dodds
Court
High Court
Jurisdiction
New Zealand
Judgment Date
6 October 2021
Procedural Posture
Criminal Manslaughter and Drug Offences / Sentencing After Guilty Pleas
Outcome
Defendant sentenced to imprisonment; manslaughter 4 years 8 months; two drug conspiracy sentences of 6 months each to be concurrent with each other but cumulative on the manslaughter sentence; total effective sentence 4 years 8 months; driving disqualified for 3 years from date of release; no reparation order made.
Legal Topics
Manslaughter, Conspiracy to Supply Controlled Drugs, Sentencing Discounts (guilty Plea and Personal Mitigation), Aggravating and Mitigating Factors in Vehicular Offending, Driving Disqualification, Reparation
Criminal Law Sentencing Drugs Road Traffic Offences Victim Impact Manslaughter Conspiracy to Supply Controlled Drugs Sentencing Discounts (guilty Plea and Personal Mitigation) +3 more

Case Brief

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Parties

The Queen

Prosecution

Benjamin Mark Dodds

Defendant

Procedural Posture

Criminal Manslaughter and Drug Offences / Sentencing After Guilty Pleas

Legal Issues

  1. 1 What is the appropriate starting point for vehicular manslaughter given prolonged deliberate dangerous driving combined with alcohol and drugs
  2. 2 Whether and how much uplift should be applied for contemporaneous drug offences
  3. 3 Assessment and quantification of mitigating factors including guilty plea and remorse

Ratio Decidendi

Given the prolonged, deliberate and highly dangerous driving (including re-entering the motorway in the wrong direction in the fast lane) combined with alcohol at twice the legal limit and detectable methamphetamine, the appropriate starting point for manslaughter was set at six and a half years. A six month uplift for the contemporaneous drug conspiracies was applied, producing a seven year adjusted starting point. The defendant was entitled to a full 25% guilty plea discount and a further global eight percent personal mitigation discount (total one third), yielding a final custodial sentence of four years and eight months. A three year driving disqualification commencing on release was...

Court Disposition

Defendant sentenced to imprisonment; manslaughter 4 years 8 months; two drug conspiracy sentences of 6 months each to be concurrent with each other but cumulative on the manslaughter sentence; total effective sentence 4 years 8 months; driving disqualified for 3 years from date of release; no reparation order made.

Orders

  • Manslaughter: custody for 4 years and 8 months
  • Conspiracy to deal DMT: 6 months imprisonment (concurrent with other drug count, cumulative on manslaughter)