R v Howard - [2023] NZHC 1965

IN THE HIGH COURT OF NEW ZEALAND TIMARU REGISTRY

I TE KŌTI MATUA O AOTEAROA TE TIHI-O-MARU ROHE

CRI-2022-076-742

[2023] NZHC 1965

THE KING

v

JEFFREY RAYNOR HOWARD

Hearing: 26 July 2023

Appearances:

A-M McRae for Crown

T J Jackson and M L Bonniface for Defendant

Sentencing:

26 July 2023

SENTENCE REMARKS OF OSBORNE J

[1] I am about to sentence you, Mr Howard. As when I gave you your sentence indication this will take some time, so I am now going to ask you to sit again. I will indicate to you towards the end when you must stand for the sentence itself. Thank you.

[2] Jeffrey Raynor Howard, I will sentence you this morning on one charge of driving with excess blood alcohol causing death.1 You were 60 years old at the time of the event on 12 February 2022, when you caused the death of your partner, Karen Steven. I acknowledge that whatever sentence I impose on you today will be less weighty than the burden of knowing you caused Karen’s death.

1 Land Transport Act 1998, ss 61(1)(b) and 61(3AA); maximum sentence: 10 years’ imprisonment and mandatory disqualification from driving of at least one year.

R v HOWARD [2023] NZHC 1965 [26 July 2023]

[3] I acknowledge in court this morning also Karen’s family members — her children, her daughter-in-law, her sisters and her brother. I acknowledge to each of you the Court’s recognition of the loss you have each suffered. I acknowledge also the members of your own blood family here, Mr Howard, and I acknowledge the loss you have also suffered.

Facts of the offending

[4] In February 2022, Mr Howard, you were at your home in Temuka with your partner, Karen, and two friends. The group of you drank together. You and Karen then smoked cannabis together before going to bed around 3 am.

[5] From midday, you and Karen had more alcohol to drink. You then left your home and drove along Factory Road, Temuka. You lost control of the car while accelerating. You failed to negotiate an easy right-hand bend.

[6] The estimate of the Police Serious Crash Unit was that you were travelling at an average speed of 142 kilometres per hour around the time of the incident.

[7] The car swerved off the left-hand side of the road and dropped into an irrigation ditch. It travelled along the ditch some way, coming to rest left-hand side down in the water.

[8] Karen died at the scene. You sustained moderate injuries and were transported to Timaru Hospital.

[9] The blood sample there taken from you recorded a result of 102+/- 4 milligrams of alcohol per 100 millilitres of blood. That is double the legal blood alcohol limit. THC (the main psychoactive compound in marijuana) was also present in your blood at a concentration of approximately 2 nanograms per millilitre.

Your sentence indication

[10] You initially faced two charges. That was one charge of manslaughter and one charge of driving with…

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 Howard

Details

AGLC: R v Howard [2023] NZHC 1965
Case: [2023] NZHC 1965
Decision Date: 26 July 2023

CaseChat Overview and Summary

In the High Court of New Zealand, Timaru Registry, Osborne J is sentencing Jeffrey Raynor Howard on one charge of driving with excess blood alcohol causing death, under sections 61(1)(b) and 61(3AA) of the Land Transport Act 1998, which carries a maximum penalty of 10 years’ imprisonment. Howard was found to have a blood alcohol concentration of 102 +/- 4 milligrams per 100 millilitres of blood, double the legal limit, and THC in his system. Howard, 60, was driving on Factory Road, Temuka, at an estimated speed of 142 kilometres per hour, lost control, and crashed, resulting in the death of his partner, Karen Steven.

Howard had a history of drink driving and related offences, including five charges of excess blood alcohol and one for refusing a blood specimen. He also had a history of driving while disqualified. The Crown argued for a starting point of three to three-and-a-half years’ imprisonment, citing the aggravating factors of high culpability, habitual drink driving, the grave outcome, and irresponsible behaviour at the time of the offence. The Defence submitted that a starting point of three years’ imprisonment would be appropriate.

The Court accepted the Crown’s submission of a starting point of three years’ imprisonment. However, the Court granted a 20% discount for the guilty plea, bringing the sentence indication to two years and four months’ imprisonment. The Court also considered the possibility of home detention instead of imprisonment, taking into account Howard’s remorse, prospects for rehabilitation, and the wishes of Karen’s family.

The Court ultimately decided on a sentence of eight months’ home detention, with special conditions, and 100 hours of community work. The Court also imposed a disqualification from driving for a period of four years. The Court recognised the close relationship between Howard and Karen and the support of their extended families. The Court acknowledged the compassion shown in recognising Howard’s steps towards rehabilitation and wished him well in his future.

Orders