IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY
CRI-2015-070-576 [2016] NZHC 513
THE QUEEN
v
RAYMOND GREEN
Hearing: 23 March 2016 Appearances:
A J Pollett and N Batts for Crown
T Rickard-Simms for DefendantSentence:
23 March 2016
SENTENCING NOTES OF WHATA J
Solicitors:
Crown Solicitor, Tauranga
Pacific Coast Law, Papamoa
R v GREEN [2016] NZHC 513 [23 March 2016]
Introduction
[1] Mr Green, you have pleaded guilty to the following charges: (a) Manslaughter;
(b) Driving while disqualified (3rd or subsequent); and
(c) Refusing an officer’s request for a blood specimen (3rd or subsequent). [2] You now appear for sentence.
[3] The charge of manslaughter carries a maximum penalty of life imprisonment.1 The driving charges each carry a maximum penalty of two years’ imprisonment or a fine not exceeding $6,000.2
[4] My sentence will be in six parts:
(a) First, I must re-tell the facts of your offending;
(b) Second, I will describe your personal circumstances; (c) Third, I will refer to the victim impact statements;
(d)Fourth, I will describe the legal frame, principles and purposes of sentencing;
(e) Fifth, I will set out the reasons for the sentence I will impose on you;
and
(f) Sixth, I will deliver my sentence.
[5] Before proceeding further, however, I want to acknowledge Ilya’s family and
friends. I wish to express my personal sympathy for your loss and I know that
1 Crimes Act 1961, s 177.
2 Land Transport Act 1998, ss 32 and 56.
recounting the facts will be distressing for you. There will be times during my sentencing where you may feel that the emphasis is on the defendant, Mr Green. But please note that I am mindful throughout of your great loss.
Facts
[6] Mr Green, on 2 February 2015 you had a day off work and decided to link up with a friend Paul Butler at your brother’s house at about 4.30 pm. Mr Butler arrived in his Subaru B4 motor vehicle. You had a couple of drinks and then decided to go to another work colleague’s house in Gate Pa. His name is Charlie Aranui.
[7] When you caught up with Mr Aranui, he decided that he would be the sober driver and you together drove in convoy to Mr Butler’s house to drop Mr Aranui’s car off there and continued to Mt Maunganui in the Subaru. Mr Aranui was driving.
[8] On the way back over to Mt Maunganui you stopped at a liquor store in
Tauranga City and bought some beers and Woodstock bourbon and colas to drink.
[9] Having stocked up on drinks, the three of you went to Pilot Bay at the Mount. Mr Aranui was driving the Subaru while you and Mr Butler drank your alcohol. From there the three of you drove around the Mount for a bit longer before going to the pub.
[10] At the pub you drank some beer and played pool.
[11] From the pub you went to the Bayfair shopping mall to buy some…
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- AGLC
- R v Green [2016] NZHC 513
- Case
- [2016] NZHC 513
- Decision Date
CaseChat Overview and Summary
The primary legal issue the court had to address was the appropriate sentencing for the defendant's actions, which resulted in the death of Ilya Kojevnikov. The court had to consider the aggravating factors of the case, including the consumption of alcohol, grossly excessive speed, deliberately reckless driving, and the defendant's failure to stop after the collision. Additionally, the court had to weigh mitigating factors such as the defendant's remorse, his willingness to pay reparation, and his early guilty plea.
The court began its reasoning by recounting the facts of the case, highlighting the defendant's reckless driving and his decision to flee the scene without offering assistance. The court then examined the legal principles and purposes of sentencing, emphasizing the need to denounce the offending, hold the defendant accountable, and protect the public. The court considered the defendant's personal circumstances, including his lengthy history of driving-related offences and his family support.
After examining the aggravating and mitigating factors, the court determined a starting point of six years and six months for the manslaughter charge. The court added an 18-month uplift for the defendant's prior conduct and disqualified driving, and applied a 15% discount for mitigating factors such as remorse and the guilty plea. The court also imposed concurrent sentences of 12 months for the driving while disqualified and blood specimen refusal charges, and a seven-year disqualification from holding a driver's licence. Finally, the court imposed a minimum non-parole period of 50% of the manslaughter sentence.
In conclusion, the court sentenced the defendant to six years and eight months imprisonment for manslaughter, with a seven-year disqualification from holding a driver's licence and a minimum non-parole period of 50% of the sentence. The sentences for the driving while disqualified and blood specimen refusal charges were to be served concurrently with the manslaughter sentence.
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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