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R v Makoare

R v Makoare

Case [2020] NZHC 2289 3 September 2020

Criminal Liability

Mens Rea & Intention

Impairment

Aggravated & Exemplary Damages

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IN THE HIGH COURT OF NEW ZEALAND WHANGANUI REGISTRY

I TE KŌTI MATUA O AOTEAROA WHANGANUI ROHE

CRI-2020-067-4

[2020] NZHC 2289

THE QUEEN

v

WADE MAKOARE

Hearing: 3 September 2020

Appearances:

C Wilkinson-Smith and H R Hancock for the Crown C P Brosnahan and A Brosnahan for the Defendant

Judgment:

3 September 2020

Reissued:

9 September 2020

SENTENCING OF COOKE J

[1] Mr Makoare you have pleaded guilty to one charge of manslaughter1 and five charges of dangerous driving causing injury2 after you caused a deadly crash that killed your six month old son and left a two year old child a tetraplegic.

[2] You have never held a driver’s licence but in June 2019 you drove your family from Palmerston North back home to Auckland. The night before the trip you stayed up all night smoking methamphetamine. You smoked more methamphetamine the following morning 13 June, thinking the drug would help you stay awake for the drive home.

1 Crimes Act 1961, ss 156, 160(2)(a), 171 and 177, maximum penalty life imprisonment.
2 Land Transport Act 1998, ss 7 and 36(1)(b), maximum penalty five years’ imprisonment or
$20,000 fine and mandatory minimum one year’s disqualification from driving.

R v MAKOARE [2020] NZHC 2289 [3 September 2020]

[3] There were five passengers in your vehicle. With you were your partner, your three year old daughter and six month old infant son. There was also an adult friend and her three year old son. There were more passengers than seatbelts, and due to cramped conditions inside the car you and your partner decided your son would sit on his mother’s lap. Your three year old daughter sat next to you in the front passenger’s seat, restrained in a car seat. Your partner sat behind the driver’s seat with your son on her lap. Your friend and her son were also in the back seat and the child was restrained by a lap belt.

[4] At 11.40 am you were driving on State Highway One, between Taihape and Waiouru. It was drizzling and the road was wet from heavy rainfall. You were speeding. Your partner had earlier asked you to slow down which you did, but only for a period.

[5] Your car was behind a truck and trailer unit. You sped up, looking to overtake. The road was curved at this point and was coming up to a blind corner. Your partner told you not to pass the truck and to wait for a passing lane, but you ignored her. You began to overtake. Halfway through overtaking you saw an oncoming car coming around the blind corner. The two cars collided head on. You estimate you were travelling at 110–120 kilometres an hour.

[6] The oncoming car contained a family of four who were simply heading home to Wellington. The mother was driving, the father was in the front passenger seat and their two daughters aged two and four were in the backseat, restrained in their car seats.

[7] It was…

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 Makoare

Details

AGLC: R v Makoare [2020] NZHC 2289
Case: [2020] NZHC 2289
Decision Date: 3 September 2020

CaseChat Overview and Summary

The defendant, Wade Makoare, was convicted of manslaughter and five counts of dangerous driving causing injury after causing a fatal car accident that killed his six-month-old son and left a two-year-old girl a tetraplegic. The High Court of New Zealand was required to decide on the appropriate sentence for the defendant, taking into account the aggravating and mitigating factors of the case. The court considered the impact of the offending on the victims and their families, the defendant's personal circumstances, and the relevant sentencing principles. The court adopted a starting point of seven years' imprisonment, acknowledging the seriousness of the defendant's dangerous driving under the influence of methamphetamine, and the vulnerable position of his son during the incident. The court then applied discounts for the defendant's diminished culpability due to his background, rehabilitation potential, and genuine remorse. The final sentence was three years and six months' imprisonment, with an additional four years and six months' disqualification from driving.

The court's reasoning was based on a thorough analysis of the facts and circumstances of the case, as well as relevant legal principles and precedents. The court recognised the devastating impact of the defendant's actions on the victims and their families, while also considering the defendant's personal background and the potential for rehabilitation. The court's decision demonstrates a balanced approach to sentencing, taking into account both the seriousness of the offending and the individual circumstances of the defendant.

Orders