R v STEVENS [2017] NZHC 727

R v STEVENS [2017] NZHC 727

The defendant's conduct — reversing and then driving while intoxicated after the victim had fallen and in circumstances where the risk of hitting her was obvious — constituted gross carelessness amounting to manslaughter; a four-year starting point was appropriate, adjusted by three months for repeat drink-driving and reduced by 25% for guilty plea and remorse to a final sentence of three years' imprisonment.

Citation
[2017] NZHC 727
Parties
Prosecution: The Queen; Defendant: Mark David Stevens
Court
High Court
Jurisdiction
New Zealand
Judgment Date
12 April 2017
Procedural Posture
Manslaughter; Drink Driving (criminal) / Sentencing
Outcome
Defendant sentenced to three years' imprisonment for manslaughter; nine months' imprisonment for excess breath alcohol to be served concurrently; driving disqualification for four years from release; confiscation of the car ordered.
Legal Topics
Manslaughter, Drink Driving, Sentencing Principles, Aggravating and Mitigating Factors, Disqualification, Confiscation Order
Criminal Law Sentencing Traffic Law Manslaughter Drink Driving Sentencing Principles Aggravating and Mitigating Factors Disqualification +1 more

Case Brief

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Parties

The Queen

Prosecution

Mark David Stevens

Defendant

Procedural Posture

Manslaughter; Drink Driving (criminal) / Sentencing

Legal Issues

  1. 1 Whether conduct amounted to manslaughter by gross carelessness
  2. 2 Whether intoxication and prior drink-driving convictions aggravate sentence
  3. 3 Whether driving off without stopping is an aggravating feature

Ratio Decidendi

The defendant's conduct — reversing and then driving while intoxicated after the victim had fallen and in circumstances where the risk of hitting her was obvious — constituted gross carelessness amounting to manslaughter; a four-year starting point was appropriate, adjusted by three months for repeat drink-driving and reduced by 25% for guilty plea and remorse to a final sentence of three years' imprisonment.

Court Disposition

Defendant sentenced to three years' imprisonment for manslaughter; nine months' imprisonment for excess breath alcohol to be served concurrently; driving disqualification for four years from release; confiscation of the car ordered.

Orders

  • Sentence of three years' imprisonment on manslaughter charge
  • Sentence of nine months' imprisonment on driving with excess breath alcohol (to be served concurrently)