[1] Jordan McGrath, you appear for sentence this morning, having pleaded guilty to charges of manslaughter, dangerous driving causing injury and driving with excess blood alcohol, being a third or subsequent offence.

[2] Those offences arise out of your conduct on the evening of 24 January this year, when you consumed alcohol, drove a vehicle at speed and sought to avoid apprehension by the Police. Your actions culminated in you losing control of the vehicle, crashing into a house, injuring your passenger, Kori Jeffcote, and killing Judd Hall.

[3] Mr McGrath, the first serious and ultimately fatal error of judgment that you made that night was volunteering yourself to drive you and Mr Jeffcote into Kumara. By that time you had consumed approximately a third of a bottle of whiskey. You
decided to go into town to purchase more alcohol and to pick up some friends.

REGINA v JORDAN NATHANIEL MCGRATH [2014] NZHC 1583 [7 July 2014]

[4] In Kumara, you consumed beer at a local pub before continuing on to Greymouth where you purchased alcohol. You then drove to Runanga where you picked up Mr Hall.

[5] On the return trip to Greymouth, you were observed by members of the public driving at excess speed on the Cobden Bridge. You were travelling well over the speed limit and you passed another motorist in the middle of the bridge. It is apparent by this stage that you were driving in a dangerous and reckless manner. You came up behind another vehicle in a 50 km/h area. You began to tailgate this vehicle, flashing your lights and indicators. You forced the driver of the other vehicle to pull over.

[6] While travelling through Greymouth at 100 km per hour in a limited speed zone, you passed a stationary Police patrol. Despite the built-up area in which you were travelling, you responded to the Police’s red and blue flashing lights by accelerating, reaching a speed of some 142 km per hour over the course of an 850 metre straight. You approached a moderate left hand curve. You lost control of the vehicle. Initially, your vehicle slid into the oncoming lane, causing another motorist to take evasive action. Your vehicle then crossed the roadway and grass verge. It travelled through the air and crashed into a residential dwelling.

[7] The force of the impact destroyed the front of the house and shifted it off its piles, such was the force. Fortunately, no one was sleeping in the bedroom where your vehicle impacted. The occupant had fortuitously moved out of that room earlier the same day.

[8] Mr Hall died at the scene of the crash from high velocity impact injuries and positional asphyxia. Mr Jeffcote suffered extensive rib and spine…

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 McGrath

Details

AGLC: R v McGrath [2014] NZHC 1583
Case: [2014] NZHC 1583
Decision Date: 7 July 2014

CaseChat Overview and Summary

In the High Court of New Zealand, Jordan Nathaniel McGrath faced sentencing for manslaughter, dangerous driving causing injury, and driving with excess blood alcohol, being a third or subsequent offence. The charges stemmed from a tragic incident on 24 January, where McGrath, under the influence of alcohol, drove recklessly, resulting in a fatal crash that killed Judd Hall and injured his passenger, Kori Jeffcote. The court had to determine the appropriate sentence considering the gravity of the offences, McGrath’s culpability, and his personal circumstances.

The legal issues included determining the appropriate starting point for sentencing, assessing the aggravating and mitigating features of the offending, and deciding on the minimum term of imprisonment. The court considered Parliament’s increased penalties for dangerous driving causing death, but concluded that it did not necessitate a higher starting point for manslaughter. It also weighed McGrath’s previous convictions, his acceptance of responsibility, and his genuine remorse.

The court sentenced McGrath to 5 years imprisonment for manslaughter, with a minimum term of 2 years, 2 years for dangerous driving causing injury, and 6 months for driving with excess blood alcohol. The sentences were to be served concurrently, resulting in an effective sentence of 5 years with a mandatory minimum of 2 years. The court found that ordering reparation would cause undue hardship and thus did not impose any reparation order. The decision aimed to denounce the offending, deter similar conduct, and hold McGrath accountable for the harm caused.

The final orders included a disqualification from driving for 5 years, alongside the concurrent sentences of imprisonment.

Orders