| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA569/2014 [2015] NZCA 147 |
| BETWEEN | MATTHEW KEVIN O’SULLIVAN |
| AND | THE QUEEN |
| Hearing: | 22 April 2015 |
Court: | White, Keane and Wylie JJ |
Counsel: | S Jefferson for Appellant |
Judgment: | 5 May 2015 at 2.00 pm |
JUDGMENT OF THE COURT
The appeal against sentence is dismissed.
____________________________________________________________________
REASONS OF THE COURT
(Given by Wylie J)
Introduction
The appellant, Mr Matthew O’Sullivan, was found guilty at trial in the District Court at Napier of the following charges under the Land Transport Act 1988:
(a)racing causing injury, contrary to s 36A(1) and (2); and
(b)racing causing death, contrary to s 36A(1) and (3).
The appellant’s brother, Mr Adam O’Sullivan, is a co-offender. In this judgment, for the sake of clarity, we refer to them as Matthew and Adam.
On 19 September 2014, Judge Down sentenced Matthew to three years’ and six months’ imprisonment on these charges and on an additional charge of driving while disqualified.[1] Matthew had earlier entered a guilty plea to this additional charge. Matthew was also disqualified from driving for a period of four years.
[1]R v O’Sullivan DC Napier CRI-2013-202-1961, 19 September 2014.
Matthew appeals against the sentence of imprisonment imposed. Mr Jefferson on his behalf argued that the sentence is manifestly excessive. He submitted that Matthew should have been given the same discount, primarily for remorse but also for other factors, as his co-offenders received.
The Crown submitted that the end sentence is appropriate and within range.
Factual background
Matthew was 19 years old at time of the offending.
Approximately two weeks prior to the events the subject of the convictions, Matthew had been disqualified from driving for a period of six months. That disqualification had been imposed because the appellant had earlier been driving while suspended.
Matthew and his three co-offenders decided to hold a “Ford versus Holden” race. They discussed where the race would be held. Matthew agreed to participate. He was to drive his Ford Falcon. The other driver was to be a Mr Lawrence. He was to drive his Holden Commodore. There were two other persons involved. One was Matthew’s brother, Adam. He was to drive a further vehicle which was to follow the race and, in effect, marshal it. The other was a Mr Ellmers. He was a party to and instigated the arrangements.
On the night of the race, Matthew had Mr Ellmers with him as a passenger in his car. Mr Lawrence also had passengers in his car. A Mr Crooks was sitting in the front seat. A Ms Schafer was seated on the rear seat immediately behind Mr Crooks.
The race took place on a rural road near Napier. The designated speed limit on the road was 100 kilometres per hour. The road ended at an intersection which was controlled by a stop sign. The intersection was not, however, a T-intersection. Rather the road angled into another road. The finish of the race was to be…
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- O'Sullivan v R [2015] NZCA 147
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- [2015] NZCA 147
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