R v De Reeper

[2021] NZHC 1628

IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY

I TE KŌTI MATUA O AOTEAROA WAIHŌPAI ROHE

CRI-2019-025-001690

[2021] NZHC 1628

THE QUEEN

v

JACQUES JOHN DE REEPER

Hearing:

On the papers

Counsel:

M B Brownlie for the Crown

S G Vidal and K L McHugh for the Defendant

Judgment:

2 July 2021

JUDGMENT OF NATION J

[1]    On 3 June 2021, I sentenced Mr De Reeper to nine months’ home detention on charges of dangerous riding of a motorcycle and manslaughter. Mr De Reeper was also disqualified from holding or obtaining a driver’s licence for two years. That sentence was consistent with an earlier sentence indication from the Court which Mr De Reeper accepted with his pleas of guilty to the charges.

[2]    The maximum penalty for dangerous driving causing injury is three months’ imprisonment or a fine not exceeding $4,500. The offender must also be sentenced to six months’ imprisonment.

[3]    Recognising the maximum periods of imprisonment for which Mr De Reeper could be sentenced to imprisonment, the warrant I signed for him to be in custody

R v DE REEPER [2021] NZHC 1628 [2 July 2021]

through the sentence of home detention related to the conviction and sentence imposed for the manslaughter conviction.

[4]    The sentence imposed, in accordance with the indication, was for both offences and charges to which he had pleaded guilty. There was however an error in that, with my sentencing remarks, the Court did not recognise and take account of the maximum periods of imprisonment for which Mr De Reeper could be sentenced on the dangerous driving charge.

[5]    Section 180 of the Criminal Procedure Act 2011 allows a court, on its own motion, to correct the error that occurred and to impose a new sentence.

[6]    I accordingly amend the sentences imposed as recorded in my sentencing remarks of 3 June 2021.

[7]    On the charge of manslaughter, Mr De Reeper is sentenced to home detention for a period of nine months. That sentence is to be served on all the terms set out in my sentencing remarks of 3 June 2021. On that conviction for manslaughter, Mr De Reeper is disqualified from holding or obtaining a driver’s licence for two years from 3 June 2021.

[8]    On the charge of dangerous riding of a motorcycle, Mr De Reeper is disqualified from holding or obtaining a driver’s licence for six months from 3 June 2021.

[9]The periods of disqualification on both charges are thus concurrent.

Solicitors:

Preston Russell Law, Invercargill Southern Law, Invercargill.