R v Carter - [2025] NZHC 228

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CRI-2023-020-002311

[2025] NZHC 228

THE KING

v

AARON WAYNE CARTER

Hearing: 19 February 2025

Appearances:

C E Martyn and G J Barrett for Crown K H Cook and C Kim for Defendant

Sentencing Notes:

19 February 2025

SENTENCING NOTES OF EATON J

This judgment was delivered by me on …….. at ……… pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar Date:

R v CARTER [2025] NZHC 228 [19 February 2025]

Introduction

[1] Aaron Wayne Carter, you appear for sentence today having pleaded guilty to being in charge of a motor vehicle, with a Class A controlled drug, methamphetamine, in your system, causing the death of Graham Rouse1 and being in charge of a motor vehicle, with the same Class A controlled drug in your system, causing injury to Janine Rouse.2 Both charges are what is known as drug driving causing death or injury. You have also pleaded guilty to charges of driving without an appropriate licence,3 operating an unlicenced motor vehicle,4 and possession of Class A5 and Class C controlled drugs.6

[2] In sentencing you I will first outline the factual background to your offending, I will then turn to briefly discuss the victim impact statements that we have heard this morning before I set a starting point for the sentence I am going to impose. I will make adjustments to that starting point to reflect your personal circumstances.

Factual background

[3] The facts will be only too well known to you and to the wider Rouse family and their friends. But because this is a public hearing, it is important that I summarise those facts today because they provide the essential context to the sentence I must impose.

[4] Almost two years ago, on Friday 24 February 2023, you drove a vehicle from Christchurch, heading to Nelson. You should have never been on the road. You did not have a current driver’s licence. The car you were driving should never have been on the road. It was unlicenced. You had little sleep the night before. At the time you were taking diazepam. The label on the diazepam bottle had a warning that the medication makes it dangerous to drive. You ignored that warning. While driving you

1      Land Transport Act 1998, s 61(2)(b) and (3AA); maximum penalty 10 years’ imprisonment or
$20,000 fine.
2      Section 61(2)(b); maximum penalty five years’ imprisonment or $20,000 fine.
3      Section 31(1)(a)(ii); maximum penalty $1000 fine.
4      Land Transport (Motor Vehicle Registration and Licensing) Regulations 2011, reg 77(1)(a); maximum penalty $1000 fine.
5      Misuse of Drugs Act 1975, s 7(1)(a) and (2); maximum penalty six months’ imprisonment or
$1000 fine.
6      Section 7(1)(a) and (2); maximum penalty three months’ imprisonment or $500 fine.

were smoking methamphetamine with your own meth pipe. Subsequent blood testing established you were under the influence of not only methamphetamine and diazepam but also cannabis.

[5] Between Christchurch and Culverden,…

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 Carter

Details

AGLC: R v Carter [2025] NZHC 228
Case: [2025] NZHC 228
Decision Date: 19 February 2025

CaseChat Overview and Summary

Aaron Wayne Carter was sentenced in the High Court of New Zealand, Christchurch Registry, for drug driving causing the death of Graham Rouse and the injury of Janine Rouse, along with other related charges. Carter pleaded guilty to drug driving causing death, drug driving causing injury, driving without a licence, operating an unlicensed vehicle, and possession of Class A and Class C controlled drugs. The court considered multiple aggravating factors, including Carter's consumption of methamphetamine, cannabis, and diazepam while driving, his prolonged and dangerous driving behavior, and the tragic consequences of his actions, which resulted in the death of Graham Rouse and severe injury to Janine Rouse. The starting point for sentencing was set at six years imprisonment, with a total deduction of 22.5% for mitigating factors such as Carter's guilty pleas and rehabilitative efforts, leading to a final sentence of four years and eight months imprisonment. Additionally, Carter was disqualified from holding or obtaining a driver's licence for five years. The court declined to make a reparation order due to Carter's lack of financial means.

Orders