[1] I wish to begin by acknowledging first and most importantly the immense grief and heartbreak of Marco’s family. Marco was a much cherished father, husband, son and brother. The materials I have read and what I have heard today make it clear to me that he was a very fine man. A good person. And the loss of his life has had an immense impact on his children, wife, brother and parents.

[2] I also wish to thank those who spoke today with such courage. While my focus must be on sentencing the defendant for what he has done, I have not lost sight of the person whose life has been lost so needlessly.

R v BOYCE [2023] NZHC 3508 [4 December 2023]

[3] I also want to acknowledge Mr Boyce’s whānau. Today will be a hard day for you also. Nau mai haere mai

[4] Mr Boyce, you appear for sentence having pleaded guilty to Mr Milliaccio’s manslaughter,1 two charges of reckless driving causing injury,2 as well as a range of other charges arising from what the Police found in your vehicle. The most serious of these are possession of methamphetamine and cannabis for supply, and possession of a firearm and ammunition.3

[5] The maximum penalty for both manslaughter and possession of methamphetamine for supply is life imprisonment.

The offending

[6] At the time of your offending, Mr Boyce, you were forbidden from driving. The vehicle you were driving was your extensively modified Ford Falcon. The modifications included lowered suspension and changes to the components of the engine which more than doubled its normal horsepower. The vehicle did not have a current registration or warrant of fitness and was not in a warrantable condition. It was also fitted with a Police radar detector.

[7] Two of your friends, Mr Moys and Mr Carson, were in the vehicle with you. Neither of them were wearing seatbelts. You decided to test the modifications you had made by showing off to your passengers.

[8] At 4.30pm on 4 July 2022, after turning off Havelock Road onto St Georges Road, you accelerated along a straight stretch of road heading north east. A Police patrol vehicle was driving in the opposite direction. The officer realised that you were speeding and activated his radar, which recorded you travelling at 144 km/h. This also

1      Crimes Act 1961, ss 160(2)(a), 171 and 178; maximum penalty of life imprisonment.
2      Land Transport Act 1988, s 36(1)(a); maximum penalty of five years’ imprisonment or a fine not exceeding $20,000.
3      Possession of methamphetamine for supply (Misuse of Drugs Act 1975 s 6(1)(f) and (2); maximum penalty of life imprisonment); possession of cannabis for supply: Misuse…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Boyce

Details

AGLC: R v Boyce [2023] NZHC 3508
Case: [2023] NZHC 3508
Decision Date: 4 December 2023

CaseChat Overview and Summary

The case of R v Boyce involved Brydon Edward Boyce, who was charged with manslaughter, reckless driving causing injury, and possession of drugs, firearms, and ammunition. Boyce, who was driving a heavily modified vehicle, collided head-on with a vehicle driven by Mr. Milliaccio, resulting in Mr. Milliaccio's death. Boyce's vehicle was also found to contain significant quantities of methamphetamine, cannabis, and a loaded firearm. The court identified several aggravating factors, including Boyce's extreme speed, methamphetamine intoxication, evading police, and the modified state of his vehicle. The court considered the starting point for manslaughter to be eight and a half years' imprisonment, and six years for the drug-related offences. After applying various mitigating factors, including Boyce's guilty plea and genuine remorse, the court determined an overall sentence of seven years and four months' imprisonment on the charge of manslaughter, with concurrent sentences for the other charges. Boyce was also disqualified from driving for four years and ordered to forfeit cash and the items found in his possession.

In summary, the court found Boyce's actions to be extremely reckless and dangerous, resulting in the death of an innocent person. While acknowledging Boyce's remorse and efforts to address his addiction, the court imposed a substantial sentence to reflect the gravity of the offending.

Orders