IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY
I TE KŌTI MATUA O AOTEAROA KIRIKIRIROA ROHE
CRI-2019-019-916
[2021] NZHC 3511
THE QUEEN v
REUBEN WILLIAM MAHARAJ
Hearing: 16 December 2021 Appearances:
R L Mann for the Crown
R Mansfield QC and A O Graham for the defendant
Judgment:
16 December 2021
SENTENCING JUDGMENT OF HARLAND J
Counsel/Solicitors:
Hamilton Legal, Crown Solicitor at Hamilton R Mansfield QC/A Graham, Auckland
R v MAHARAJ [2021] NZHC 3511 [16 December 2021]
Introduction
[1] I commence by acknowledging all who are present here today, either in person or attending remotely. Each of you have come to support a person you love or have loved and each of you have come with some expectation about how today will evolve.
[2] My task today is to sentence Mr Maharaj. The way I must do this may seem rather artificial or even clinical, but it is a process I must follow. I want you to know that despite this, I understand the very human factors at play here for all the families represented.
[3] Because I am sentencing Mr Maharaj, I now address my remarks to him personally.
[4] Reuben Maharaj, you appear before the Court for the first time at 34 years of age for sentence, having pleaded guilty to three charges of manslaughter1 and one of dangerous driving causing injury.2 These charges arise from a fatal vehicle collision caused by you which occurred in Hamilton shortly after midnight on 11 November 2018. Three people in the vehicle you hit -Jeremy Kay, Tania Kay and Grace Hill were killed. The driver, Mitchell Kay, was seriously injured. Jeremy and Tania were his parents, and Grace was his girlfriend.
[5] The maximum period of imprisonment for the offence of manslaughter is life imprisonment. The maximum penalty for the offence of dangerous driving causing injury is 5 years’ imprisonment or a fine not exceeding $20,000 and a minimum of 12 months disqualification.
[6]I first address what you did.
1 Sections 158, 160(2)(a), 171 and 177, Crimes Act 1961.
2 Section 36(1)(b) and (2), Land Transport Act 1998.
The offending
[7] On the evening of 10 November 2018, you were at home in Auckland where you were living with your parents. After a minor argument with one of your parents, you left the address, taking your father’s Toyota Prado SUV without his permission.
[8] At about 11.53 pm that evening, your parents contacted the police to report that their vehicle had been taken without permission by you and that they were concerned about your mental state and depression. During that call, your parents confirmed your previous suicide attempt while driving a vehicle and advised that you were a diagnosed schizophrenic but were not on medication for it at the time.
[9] Just after midnight, you were driving along State Highway 1 towards Hamilton, going through the roundabout onto Avalon Drive bypass. You were observed by others on the road to be driving aggressively. Approximately 800 metres south of the roundabout,…
Continue reading R v Maharaj
Sign in free to access the full text
- AGLC
- R v Maharaj [2021] NZHC 3511
- Case
- [2021] NZHC 3511
- Decision Date
CaseChat Overview and Summary
The court determined that a starting point of 10 years of imprisonment was appropriate given the gravity of the offences, which resulted in three deaths and serious injury. Several mitigating factors were considered, including Maharaj's mental health condition, which significantly contributed to the offending. The court accepted a 25% discount for Maharaj's mental illness, a 5% discount for his poor driving record, a 20% discount for his early guilty plea, and a 5-month reduction for the time spent on electronic monitoring bail. These deductions resulted in a final term of imprisonment of four years and five months. The court also ordered that Maharaj be detained as a special patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992, in addition to the term of imprisonment, to ensure community protection and effective treatment. Maharaj was also disqualified indefinitely from holding or obtaining a driver’s licence.
The final orders of the court were that Maharaj be sentenced to four years and five months’ imprisonment on the manslaughter charges, two years’ imprisonment on the dangerous driving charge, and an indefinite disqualification from driving. All sentences were to run concurrently. Additionally, Maharaj was to be detained as a special patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.