IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY
I TE KŌTI MATUA O AOTEAROA KIRIKIRIROA ROHE
CRI-2016-019-007230
[2018] NZHC 887
THE QUEEN v
DYLAN COSSEY
Hearing: 20 April 2018 Appearances:
D McWilliam for the Crown
P Morgan QC for the Defendant
Sentencing:
20 April 2018
SENTENCING NOTES OF HINTON J
Counsel/Solicitors:
Philip Morgan QC, Hamilton Gavin Boot Law, Hamilton Almao Douch, Hamilton
R v DYLAN COSSEY [2018] NZHC 887 [20 April 2018]
Introduction
[1]Mr Cossey, you appear for sentence having been convicted by a jury of:
(a)Four counts of manslaughter;1
(b)One count of racing causing injury;2 and
(c)One count of failing to stop and ascertain injury after an accident.3
The background facts
[2] The tragic facts are well known to everyone here, but I set them out for the record.
[3] On the evening of 24 June 2016, you were the driver of a Honda Integra travelling north on Ohaupo Road from Kihikihi to Te Awamutu. There were two other people in the car. Your co-defendant, Stephen Jones, was in the front passenger seat. Another associate was in the back seat.
[4] In Te Awamutu there was another vehicle, a Nissan Skyline, in which there were four occupants, including Mr Robinson who was the driver.
[5]No one in either vehicle knew the occupants of the other.
[6] Somewhere after Te Awamutu, as both motor vehicles travelled north towards Hamilton, they came together and were driving in the same vicinity. You and Mr Robinson then spontaneously started racing each other, from at least the Wild Thyme Café to the crash scene, travelling at high speed and close to each other throughout that time, which was a total of about nine minutes.
1 Crimes Act 1961, s 177; maximum penalty life imprisonment.
2 Land Transport Act 1998, ss 22A and 36A(2); maximum penalty five years’ imprisonment, with mandatory disqualification for one year or more.
3 Land Transport Act, ss 22, 36(1)(c) and 36(2); maximum penalty five years’ imprisonment, with mandatory disqualification for one year or more.
[7] You overtook each other a number of times ˗˗ in your case, probably only on the passing lanes on the Ohaupo Road State Highway.
[8]At one point, Mr Robinson’s vehicle nearly collided with a blue utility vehicle.
[9]Both cars were travelling at speeds of up to 140 kilometres per hour.
[10] Just before the intersection of Ohaupo Road and Penniket Road, Mr Robinson pulled into the southbound lane and overtook your car. Immediately after he passed you and pulled into the correct lane, you decelerated by changing down gear. Mere seconds later, as Mr Robinson was about to take a slight bend in the road, he lost control of the Skyline.
[11] Mr Robinson’s Skyline fishtailed into the southbound lane and skidded sideways, crashing into an oncoming van in the southbound lane. You managed to avoid hitting the two vehicles by driving to the side, slowing down in the process. Mr Jones told you to “gap it bro” and you accelerated away.
[12] All…
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- [2018] NZHC 887
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CaseChat Overview and Summary
The court considered the impact of the offending on the victims and their families, and the need for denunciation and deterrence of such offending. The court also took into account the purposes and principles of sentencing, including the need to hold the offender accountable for the harm done, assist in their rehabilitation and reintegration into the community, and impose the least restrictive outcome that is appropriate in the circumstances. The court recognised that while no sentence can bring back the victims or undo the damage caused, the sentence imposed should reflect the seriousness of the offending and the offender’s level of culpability.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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