R v De Reeper - [2021] NZHC 1336

IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY

I TE KŌTI MATUA O AOTEAROA WAIHŌPAI ROHE

CRI-2019-025-001690

[2021] NZHC 1336

THE QUEEN

v

JACQUES JOHN DE REEPER

Hearing: 3 June 2021

Appearances:

M B Brownlie for the Crown

S G Vidal and K L McHugh for the Defendant

Judgment:

3 June 2021

SENTENCING REMARKS OF NATION J

[1] I assume there are some from Mr Robinson’s family in Court and I just want to assure you that I have carefully read the victim impact statements that were provided. I understand the hugeness really of this loss and the way it has affected those in Mr Robinson’s family. It is particularly tough for his elderly parents who should never have had to experience the death of their son when they were still alive. So, I do acknowledge those who have been victims of this offending.

[2] Mr De Reeper, I must sentence you on the charges of manslaughter and dangerous driving to which you pleaded guilty on 13 April 2021. Much of what I must say now you heard at the time of your sentence indication but it is necessary that I repeat it, particularly so when there are people in Court who were not present at the time I spoke earlier.

R v DE REEPER [2021] NZHC 1336 [3 June 2021]

[3] The charges relate to the way you were riding your 1994 Suzuki RF 900 road bike on 13 April 2019 when returning from the Orepuki Café to Invercargill in the late afternoon. You were riding your motorcycle in conjunction with two friends. One was riding a 2008 Kawasaki ZX 1000 motorcycle. Garth Robinson was riding a 2005 Suzuki Hayabusa GSX road bike.

[4] Your bike had power restrictions intended to restrict it to a maximum speed of 180 kph. Mr Robinson’s bike had a top speed of 303 to 312 kph.

[5] Mr Robinson overtook you at considerable speed just before a 75 kph advisory corner. He applied his back brake but was unable to slow down in time for the corner. He careered off the road, through a fence and came to rest in a paddock and ultimately died.

[6] Mr Robinson’s motorcycle was fitted with front and rear cameras from which the Police obtained detail of the way Mr Robinson, you and your associate were all riding your motorcycles that day.

[7] Analysis of the footage from earlier in the day indicated there were several occasions when all three riders overtook either each other or other vehicles travelling in the same direction and, in doing so, passed on no-passing yellow lines. You were observed overtaking Mr Robinson at Pukemaori between Tuatapere and Otautau on a double yellow line at a bend in the road. The charge of dangerous driving was based on that driving.

[8] The charge of manslaughter was based on evidence as to your riding the motorcycle at grossly excessive speeds after you all left the Orepuki Café. The way you rode at…

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 De Reeper

Details

AGLC: R v De Reeper [2021] NZHC 1336
Case: [2021] NZHC 1336
Decision Date: 3 June 2021

CaseChat Overview and Summary

The case of R v De Reeper was heard in the High Court of New Zealand, Invercargill Registry, where Jacques John De Reeper was sentenced for charges of manslaughter and dangerous driving. De Reeper had pleaded guilty to these charges, which stemmed from a tragic incident on 13 April 2019, where he and two friends were riding motorcycles. The incident resulted in the death of Garth Robinson, who crashed his motorcycle at excessive speed while overtaking De Reeper. The court had to decide on the appropriate sentence for De Reeper considering the aggravating and mitigating factors of the case.

The legal issues the court addressed involved the gravity of the offending, the degree of De Reeper's responsibility for encouraging Robinson's dangerous riding, and the appropriate sentence considering the principles of deterrence, rehabilitation, and retribution. The court had to balance the excessive speeds and reckless behaviour exhibited by both De Reeper and Robinson against De Reeper's late guilty plea and his remorse. The court also considered the impact of De Reeper's personal circumstances, including his age, experience with motorcycles, and mental health issues, on his culpability and potential for rehabilitation.

In delivering the sentencing remarks, Justice Nation acknowledged the significant impact of Robinson's death on his family, particularly his elderly parents. The court recognised De Reeper's skilled riding capabilities but condemned his participation in thrill-seeking behaviour on public roads, which ultimately contributed to the fatal crash. Despite De Reeper's late guilty plea and his efforts to assist Robinson after the crash, the court found insufficient evidence of tangible remorse to warrant a significant credit. The court sentenced De Reeper to nine months of home detention, subject to specific conditions, and disqualified him from holding a driver's licence for two years. Additionally, the court ordered that the video evidence from Robinson's motorcycle be returned to the police and destroyed after the appeal period.

In summary, the court imposed a sentence that reflected the seriousness of De Reeper's contribution to the fatal accident while considering his personal circumstances and the mitigating factors presented. The sentence aimed to achieve justice for the victim and his family, while also addressing the need for deterrence and rehabilitation of the offender.

Orders