IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY
I TE KŌTI MATUA O AOTEAROA
TE ROTORUA-NUI-A-KAHUMATAMOMOE ROHE
CRI-2024-077-426
[2024] NZHC 3545
THE KING v
PATRICK ATUTAHI
Hearing: 25 November 2024 Appearances:
L McMaster for Crown
M Simpkins for Defendant
Sentence:
25 November 2024
SENTENCING NOTES OF MOORE J
Solicitors: Simpkins Legal
R v ATUTAHI [2024] NZHC 3545 [25 November 2024]
[1] Patrick Atutahi, at the age of 35, you appear for sentence on a charge of manslaughter and three charges of dangerous driving causing injury. It is my task to sentence you.
[2] However, before doing so, I wish to acknowledge the victims of your offending and their whānau, and to acknowledge the courage and dignity which with their statements were read in Court this morning. Nothing I can say today, let alone any sentence I impose, can take away the grief that Wharerangi McMillan-Sullivan’s whānau feel for his death, nor the pain and suffering that you caused Mr Beaufill or the Purvis family. I acknowledge Wharerangi’s loss, and I extend the Court’s deepest sympathies to you all.
The offending
[3] Mr Atutahi, it is first necessary for me to set out the facts of your offending. Obviously, these are well known to you. However, because sentencing is quintessentially a public function it is necessary for me, in this forum, to repeat them. These are the facts you have admitted to.
[4]On 26 September 2023, an associate purchased a Volvo on your behalf. It cost
$200. It was in poor condition. It didn’t have a warrant of fitness. It was unregistered. The front right tyre was worn and the speedometer was faulty. In fact, so bad was it that the previous owner was planning to sell it to a local wrecker. Put bluntly it should never have been on the road. It was a risk to all other road users and so it tragically proved to be.
[5] The next day, 27 September 2023, you joined Jimmy Beaufill and Wharerangi at Mr Beaufill’s address. There you all left in the Volvo, with Mr Beaufill’s dog. You drove to a family address in Tapapa, on the outskirts of Putaruru. There, you all drank. You got drunk.
[6] Eventually, you decided it was time to leave. The Volvo had to be jump-started. A family member tried to persuade you not to drive. He offered you alternatives, such as allowing you all to stay at his address or driving you all back himself.
[7] You refused to listen. You thought you knew better. Instead, you drove off aggressively with Wharerangi and Mr Beaufill. Wharerangi was seated in the front. Mr Beaufill and his dog were seated behind.
[8] As you drove, you had your seat reclined back. You drove at an excessive speed, above 100 kilometres per hour. Your driving scared your passengers. Fearing that they would crash, Mr Beaufill asked you several times to slow down. You paid no notice. You told him to “fuck up”.
[9] Another vehicle, a Land…
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- AGLC
- R v Atutahi [2024] NZHC 3545
- Case
- [2024] NZHC 3545
- Decision Date
CaseChat Overview and Summary
The legal issues the court needed to decide included determining an appropriate starting point for sentencing based on the severity of the offence, adjusting that starting point based on Atutahi's personal circumstances, and considering the impact on the victims and their families. The court also needed to decide on the appropriate length of disqualification from driving and any financial penalties.
The court set a starting point of seven years' imprisonment, reflecting the dangerous nature of Atutahi's driving and the tragic consequences. The court found mitigating factors such as Atutahi's guilty plea and aspects of his background that contributed to his offending, which led to a reduction in the sentence. Ultimately, the court sentenced Atutahi to four years and ten months' imprisonment, to be served concurrently, and disqualified him from holding or obtaining a driver's licence for four years post-release. Additionally, Atutahi was ordered to pay for the alcohol and drug testing administered on him.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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