R v Grace - [2020] NZHC 3145

IN THE HIGH COURT OF NEW ZEALAND GISBORNE REGISTRY

I TE KŌTI MATUA O AOTEAROA TŪRANGANUI-A-KIWA ROHE

CRI-2020-016-1659

[2020] NZHC 3145

THE QUEEN

v

MERI HOANA GRACE

Hearing: 27 November 2020

Counsel:

C R Walker for Crown

D D Rishworth for defendant

Sentence:

27 November 2020

SENTENCING NOTES OF DOBSON J

[1] Ms Grace, I have to sentence you this afternoon on convictions for driving with excess blood alcohol causing death, driving with excess blood alcohol causing injury and driving while disqualified. The events in question caused the death of your four year old son, Tipene. There is quite a wide gap between the sentence urged on me by the Crown and that submitted as adequate by Mr Rishworth. Uppermost in my mind in assessing the matter is that whatever sentence I impose will be less weighty than the burden of knowing you caused the death of Tipene.

Facts of the offending

[2] In March this year, you were living in Ruatoria with Tipene. On 5 March 2020, you picked him up from school at around 2.30 pm, purchased liquor from a local store and had a drinking session with members of your whānau. That evening, you decided

R v GRACE [2020] NZHC 3145 [27 November 2020]

to drive to Gisborne to visit your previous partner. You took with you your aunt, Ms Aupouri, one of those with whom you had been drinking. The trip from Ruatoria to Gisborne is approximately 130 kilometres.

[3] You placed little Tipene in the back seat in a half booster seat, but without restraining him with a seatbelt. Neither you nor your aunt wore seatbelts in the front seat because they had been chewed by your dog.

[4] You set off from Ruatoria at about 8.15 pm and by about 10.00 pm were in the Whangara area on State Highway 35, about 20 or 30 minutes short of Gisborne.

[5] The reconstruction by the Police serious crash unit of what happened suggests that you fell asleep at the wheel, with your car veering off the road at a relatively gentle angle and with no indication that you braked or attempted to steer the car back onto the road. The car hit a grassed culvert, was launched into the air and tumbled across a grassy bank. All three occupants were, at some point, thrown out of the vehicle. Sadly, the vehicle landed on top of Tipene who died at the scene. Your aunt received a broken ankle and four broken ribs, but she describes these in her victim impact statement as “nothing too serious”.

[6] The car had not had a current warrant of fitness for some time and you were driving without a current licence, having been disqualified from driving for driving with excess breath alcohol in October 2019.

[7] Two victim impact statements have been filed with the Court. One from your aunt who was in the car with you, and one from your ex-partner who was Tipene’s father. He reports missing Tipene…

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 Grace

Details

AGLC: R v Grace [2020] NZHC 3145
Case: [2020] NZHC 3145
Decision Date: 27 November 2020

CaseChat Overview and Summary

Meri Hoana Grace was convicted for driving with excess blood alcohol causing death, driving with excess blood alcohol causing injury, and driving while disqualified. These convictions stemmed from a tragic incident where Grace caused the death of her four-year-old son, Tipene, while driving under the influence. The court had to determine an appropriate sentence considering the gravity of the offence and Grace's personal circumstances. The primary legal issue was to establish a suitable starting point for sentencing and then apply relevant mitigating factors. The court considered cases with similar offending to determine the appropriate starting point and balanced these with Grace's personal hardships, including her mental health struggles and a history of abuse.

Dobson J set a starting point of four years' imprisonment, reflecting the seriousness of the offence but adjusted this significantly due to Grace's personal circumstances. The court accepted that Grace's life had been marked by significant adversity and trauma, including the death of a close family member, a violent domestic relationship, and her struggle with alcohol dependency. The court applied substantial discounts for remorse, prospects of rehabilitation, and an early guilty plea, reducing the sentence by 55%. This resulted in a sentence of 10 months' home detention, with additional conditions to ensure Grace's rehabilitation and monitor her compliance. The court also imposed a 12-month disqualification from driving to reflect the seriousness of the driving conduct. The sentence aimed to provide Grace with an opportunity for rehabilitation while adequately addressing the community's need for deterrence and denunciation.

Orders