R v Green

In the High Court of New Zealand, Tauranga Registry, the case of R v Green was heard and determined on 23 March 2016. The defendant, Raymond Green, pleaded guilty to charges of manslaughter, driving while disqualified (third or subsequent offence), and refusing an officer's request for a blood specimen (third or subsequent offence). The court was tasked with determining an appropriate sentence for these offences.

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.