New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Being a party to an offence
  • 12 May 2020

    R v HAYDEN [2020] NZHC 966

    Citation
    [2020] NZHC 966
    Court
    High Court

    Defendant was properly convicted as a party to manslaughter because his sustained encouragement, supply of alcohol, and active obstruction of a police intervention materially contributed to and facilitated the driver's prolonged, intoxicated, high-speed, evasive and ultimately fatal driving; his culpability, while less than the driver, was broadly comparable to precedent (R v Cossey) and warranted a starting point of 4.5 years' imprisonment, reduced by specified percentage discounts for remorse, personal mitigation, hardship and a full guilty-plea discount to an effective sentence of two year…

    • Manslaughter
    • Being a party to an offence
    • Culpability of non-driver participants
    • Aggravating and mitigating factors in sentencing
    • Three strikes warning
    • Emotional harm reparation