R v Hurst - [2024] NZHC 3922

IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY

I TE KŌTI MATUA O AOTEAROA WAIHŌPAI ROHE

CRI-2024-059-000145

[2024] NZHC 3922

THE KING

v

HAYDEN RICHARD HURST

Hearing: 17 December 2024

Appearances:

M B Brownlie for Crown K H Cook for Defendant

Judgment:

17 December 2024

SENTENCING REMARKS OF PRESTON J

This judgment was delivered by me on 17 December 2024 at 9.00 am, pursuant to r 11.5 of the High Court Rules

Registrar/Deputy Registrar
Date……………

R v HURST [2024] NZHC 3922 [17 December 2024]

The Judge addressed the courtroom, before hearing sentencing submissions:

Ata Mārie.

I just want to say a few words before we begin the formal sentencing process today.

My name is Justice Lisa Preston.

In a moment we are going to begin Mr Hurst’s sentencing by hearing the statements of Tré Anderson’s family and friends about the impacts of Tré’s death.1

I begin by acknowledging and welcoming the family and friends of Tré Anderson.

Today is a very difficult day for everyone in the court room. I cannot imagine what it would be like to lose a loved one in this way, or indeed to have a loved one in the dock. So I thank you all for your quiet participation.

After hearing the victim impact statements, I am going to hear sentencing submissions from the Crown prosecutor Mr Brownlie and from Mr Cook on behalf of Mr Hurst before I deliver sentence.

Mr Hurst—you may wish to remain standing for the victim impact statements but I will ask you to be seated after that point and you will stand when I indicate at a later point in the hearing, before I pass sentence formally.

A minute’s silence followed the reading of the Victim Impact Statements.

Introduction

[1] Hayden Hurst, at 29 years old you are for sentence having pleaded guilty to the charge of manslaughter.2

[2]You have never previously appeared before this, or any, court.

1 The deceased Mr Outrega Grant Bruce Anderson was known as Tré.
2 Crimes Act 1961, ss 171 & 177—maximum penalty of life imprisonment.

Offending

[3] Your offending occurred a year ago yesterday, on 16 December 2023. You decided to drive home to Wānaka early in the morning after attending a work Christmas party in Queenstown. You had begun drinking, you have reported, at about
4.00 pm. You had taken MDMA at the party.

[4] Your employer had taken the precaution of booking accommodation for staff members but you did not use your hotel room.

[5] Alone and intoxicated, a little after 7.00 am the next morning you got into your car.

[6] You began driving the wrong way up the one-way system in central Queenstown before meeting oncoming traffic and pulling over to avoid a collision. After correcting your path, you drove towards Frankton.

[7] At 7.20 am you pulled into the McDonald’s drive thru. That took two attempts as you mounted the curb initially. You drove on the wrong side of the entrance way, almost colliding with some…

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 Hurst

Details

AGLC: R v Hurst [2024] NZHC 3922
Case: [2024] NZHC 3922
Decision Date: 17 December 2024

CaseChat Overview and Summary

Hayden Hurst, 29, was sentenced for manslaughter after he drove under the influence of alcohol and drugs, causing a fatal collision with Tré Anderson on 16 December 2023. Hurst had attended a work Christmas party in Queenstown where he consumed alcohol and took MDMA. Despite his employer providing accommodation, Hurst chose to drive home to Wānaka, displaying erratic driving behaviour that endangered multiple road users. At the time of the accident, Hurst's blood alcohol level was over twice the legal limit, and he had MDMA in his system at over twice the high-risk limit. The collision resulted in the death of Tré Anderson. The court heard victim impact statements from Tré's family and friends, which detailed the profound loss and suffering caused by Hurst's actions.

The legal issues the court needed to decide included the appropriate starting point for sentencing, the degree of reduction for personal mitigating factors, and the final sentence. The court assessed Hurst's culpability, considering the persistent and reckless nature of his driving while impaired. Both the Crown and Hurst's counsel agreed on a starting point of at least six years imprisonment, with the Crown advocating for seven years. The court ultimately determined a starting point of six and a half years. Various mitigating factors were considered, including Hurst's prior good character, genuine remorse, rehabilitative efforts, an emotional harm reparation payment of $10,000, and his guilty plea. These factors led to a final sentence of three years and eleven months imprisonment, along with a four-year disqualification from holding a driver’s licence.

The court emphasized the devastating impact of Hurst's actions on Tré's family and friends, and the importance of holding Hurst accountable while also considering his potential for rehabilitation. The sentence aimed to denounce the offending, deter Hurst and others from similar conduct, and provide some measure of justice to the victims and their loved ones.

Orders