R v Griffiths - [2018] NZHC 1104

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2017-004-7788

[2018] NZHC 1104

THE QUEEN

v

SAMUEL MALCOLM GRIFFITHS

Hearing: 18 May 2018

Appearances:

M Harborow and T Bellingham for Crown AGV Rogers and J Kim for Defendant

Judgment:

18 May 2018

SENTENCING NOTES OF TOOGOOD J

R v GRIFFITHS [2018] NZHC 1104 [18 May 2018]

Introduction

[1] Samuel Malcolm Griffiths: you appear for sentence having pleaded guilty to dangerous driving causing death,1 and dangerous driving causing injury.2

[2] Before I embark on the process of explaining the sentence which I will impose upon you, I want to acknowledge all of those in the courtroom who are here in support of the families who have suffered and are suffering through these tragic events. I am sure your support will mean a great deal to those who are most closely affected.

The background facts

[3] At about 2.15 am on 19 February 2017, Mr Griffiths, you were driving a Volkswagen Polo towards the Newton Road on-ramp to the North-Western Motorway/State Highway 16. There were three teenagers in the vehicle with you, including Kiriana Morrison, aged 17, who was in the back seat. You were then aged 18.

[4] As you turned right from Newton Road onto the on-ramp you pulled briefly on the handbrake of the vehicle before releasing it again. You continued to accelerate down the on-ramp westbound. The section of the motorway where you entered it had a temporary posted speed limit of 80 kilometres per hour.

[5] But on the motorway, you accelerated the vehicle at speeds of between 124.8 to 142.7 kilometres per hour. You told your passengers that you were going to pull the handbrake a second time. Daniel Herrmann, in the back seat beside Kiriana, told you not to do that and reached forward, placing his hand over the handbrake, in an attempt to hold it down. Despite his efforts, you pulled the handbrake, with devastating consequences.

1 Land Transport Act 1998, s 36AA(1)(b): maximum penalty imprisonment of 10 years' imprisonment or a fine not exceeding $20,000, with mandatory disqualification for one year or more.
2 Land Transport Act 1998, s 36(1)(b): maximum penalty of five years' imprisonment or a fine not exceeding $20,000, with mandatory disqualification for one year or more.

[6] The vehicle suddenly went into a right-hand arc, crossing both lanes of traffic and the paths of other road users. The front of your car struck the concrete central median barrier before being redirected rearwards onto the road in a 180-degree arc, crossing the paths of road users for a second time. The vehicle then straightened up and moved towards the southern road shoulder, into the path of a westbound taxi, driven by Mr Benham, carrying two passengers. The taxi impacted with the Volkswagen, forcing it into a 360-degree rotation, before it struck the concrete barrier on the southern road shoulder and then coming to rest.

[7] As a result of the secondary…

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 Griffiths

Details

AGLC: R v Griffiths [2018] NZHC 1104
Case: [2018] NZHC 1104
Decision Date: 18 May 2018

CaseChat Overview and Summary

Samuel Malcolm Griffiths was sentenced in the High Court of New Zealand after pleading guilty to charges of dangerous driving causing death and dangerous driving causing injury. The incident occurred on 19 February 2017, when Griffiths was driving at excessive speeds and pulling the handbrake while carrying passengers, resulting in a collision that killed one passenger and injured others. The court heard moving victim impact statements from the family of the deceased, highlighting the profound impact of the loss on their lives.

The legal issues before the court included determining the appropriate sentence, considering factors such as the seriousness of the offence, the culpability of Griffiths, and his personal circumstances. The court assessed Griffiths' culpability by examining his driving under the influence of alcohol, his excessive speed, and his dangerous driving behaviour. The court also considered Griffiths' personal factors, including his good character, his mental health conditions, and his youth.

The court concluded that a starting point of five-and-a-half years' imprisonment was appropriate, but reduced this sentence by 40% to account for Griffiths' mental health conditions and youth, resulting in a sentence of three years and four months' imprisonment. Further discounts were applied for Griffiths' guilty plea and his lack of prior convictions, reducing the sentence to two years and six months' imprisonment. Ultimately, the court imposed a sentence of 12 months' home detention for the charge of dangerous driving causing death and six months' home detention for the charge of dangerous driving causing injury, to be served concurrently, along with 400 hours of community work and a six-year disqualification from driving.

Orders