R v Hawkins - [2016] NZHC 554

IN THE HIGH COURT OF NEW ZEALAND NEW PLYMOUTH REGISTRY

CRI-2015-443-035 [2016] NZHC 554

THE QUEEN

v

SAMUEL LANCE HAWKINS DANIEL GEORGE GAVIN JASON JOHN CAMPBELL

Hearing: 04 April 2016

Appearances:

J Marinovich for the Crown
K Pascoe on behalf of S W Hughes QC for Hawkins
K Pascoe for Gavin
P Mooney for JC

Sentence:

04 April 2016

SENTENCING NOTES OF MUIR J

Counsel:
S W Hughes QC, Barrister, New Plymouth

Solicitors:
J Marinovich, Crown Solicitors, New Plymouth
K Pascoe, Nicholsons, New Plymouth
P Mooney, Mooney Webb, New Plymouth

R v HAWKINS, GAVIN & CAMPBELL [2016] NZHC 554 [4 April 2016]

Introduction

[1] Mr Gavin, Mr Hawkins and Mr Campbell, you appear today to be sentenced for a single charge of manslaughter which you each face in relation to the death of the late Christine Fairweather. I gave a sentence indication to you on 12 February
2016 in which I indicated that the maximum sentence you would each face if you pleaded guilty was nine months of home detention coupled with 100 hours of community work. Each of you pleaded guilty following that indication. In the result the maximum sentence I may impose, other than in the circumstances identified in s 116(2) of the Criminal Procedure Act 2011, is that which I have indicated. I intend to annex to these sentencing notes a copy of the earlier indication given by me. That permits me to abridge the material that featured in my earlier indication. However, regrettably I must record briefly the facts of your offending.

Facts

[2] The three of you set off together in Mr Gavin’s car late at night on Saturday 2

August 2014. The conditions that evening were described by some of the witnesses as atrocious with heavy rain and strong winds. You stopped along Waihi Road and Mr Hawkins and Mr Campbell proceeded to drag two metal gates into the middle of the road from their location on the verge where they were protecting road works. While you did this Mr Gavin remained in the car. You blocked off both the north and south bound lanes of Waihi Road with the gates and then drove off. This foolish and immature action was to have devastating consequences.

[3] Christine Fairweather had been babysitting her grandchildren at Kaponga when she left to drive back to Hawera at about 11 pm on 2 August 2014. Mrs Fairweather was travelling southbound on Waihi Road towards Hawera when she hit the gates you had set up across the southbound lane. In my earlier sentence indication I pointed out that Mrs Fairweather, as confirmed by her husband in his comments at the restorative justice conference, was a meticulous and careful driver and no part of the accident that occurred can be attributed to her. She ran headlong into the trap that you had set.

[4] After impacting the gates she put her hazard warning lights on and her headlamps on high beam and then proceeded, with the assistance of another motorist…

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 Hawkins

Details

AGLC: R v Hawkins [2016] NZHC 554
Case: [2016] NZHC 554
Decision Date: 04 April 2016

CaseChat Overview and Summary

The High Court of New Zealand heard the case of R v Hawkins, Gavin, and Campbell, where the defendants were charged with manslaughter in relation to the death of Christine Fairweather. The court heard the defendants' guilty pleas and proceeded to sentence them. The key legal issues involved determining an appropriate sentence that reflected the seriousness of the offending while considering the defendants' personal circumstances and any mitigating factors. The court established a starting point of two years and six months imprisonment, acknowledging the defendants' youth and potential for rehabilitation, but also the gravity of their actions. The court imposed sentences of home detention and community work, with specific conditions for each defendant to ensure rehabilitation and reintegration into society. The final sentences were seven months home detention and 100 hours of community work for Gavin, nine months home detention and 100 hours of community work for Hawkins, and 12 months home detention and 100 hours of community work for Campbell, taking into account his previous offending. The court emphasised the importance of holding the defendants accountable and promoting a sense of responsibility for their actions.

Orders