IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY
I TE KŌTI MATUA O AOTEAROA TE ROTORUA-NUI-Ā-KAHU ROHE
CRI-2017-063-001604
[2018] NZHC 893
THE QUEEN v
ADRIAN NGAMOTU
Hearing: 11 April 2018 Appearances:
C Macklin for the Crown
A Schulze for the Defendant
Sentencing:
11 April 2018
SENTENCING NOTES OF HINTON J
Counsel/Solicitors: Gordon Pilditch, Rotorua Lance Lawson, Rotorua
R v ADRIAN NGAMOTU [2018] NZHC 893 [11 April 2018]
[1] Mr Ngamotu, you appear for sentence after having accepted a sentence indication provided by Davison J on 19 February 2018.1 You have pleaded guilty to one charge of manslaughter and you have been convicted on that charge.
Background
[2] Your offending has a tragic background. It took place in an area of communal family land, situated between Acacia Bay Road and Lake Taupo. You had recently begun residing on the land in an old caravan, which the summary of facts records was owned by the deceased, your sister.
[3] On the morning of 8 May 2017, you and the deceased had an argument over the phone, about ownership of the caravan. You believed you were the rightful owner of it. The deceased disagreed. Upon learning of your plan to swap the caravan for another situated on the land, the deceased and her nephew set about immobilising the caravan. They propped it up onto bricks to remove its wheels.
[4] Upon discovering what the pair were doing, you became very upset and angry. You confronted them about it. You then got into your van and reversed it at speed towards the caravan. You say you intended only to hit the caravan’s awning. However, the end result of your actions went further than that, with tragic consequences. You initially did strike the caravan’s awning at the front-left corner, before hitting the front-left corner of the caravan itself, in the area adjacent to the drawbar at the front of the caravan. In consequence, the caravan was knocked off the bricks and it spun around in a clockwise direction, striking the deceased in the process. The deceased was knocked to the ground, and as the caravan rotated she passed under the drawbar. She was injured and lying on the ground.
[5] Following the initial impact, you continued to reverse your van in a semi-circular direction, with sufficient momentum to take the caravan with you. Once the caravan had spun around sufficiently, there was nothing left in your van’s way. You ran over the deceased, still travelling in reverse. You continued to reverse until
coming to a stop on a soft dirt bank about 20 metres away. You unsuccessfully tried to drive the van off the bank, before getting out of it.
[6] You were confronted by your nephew. You angrily tried to shift blame, insisting that it was not your fault. Your sister was treated at the scene and ultimately flown to hospital. She tragically passed away during surgery. The injuries she suffered were numerous, including abrasions…
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- AGLC
- R v Ngamotu [2018] NZHC 893
- Case
- [2018] NZHC 893
- Decision Date
CaseChat Overview and Summary
The court determined that the appropriate starting point for sentencing was six years' imprisonment. The defendant's actions were reckless and showed a total disregard for the safety of others. Although the defendant did not intend to harm his sister, his actions were extremely dangerous and resulted in her death. The court also considered the defendant's personal circumstances, including his health issues and his expression of remorse. The court determined that a discount of four months for the defendant's health issues and a discount of five months for his expression of remorse were appropriate. The court also applied a 25% discount for the defendant's guilty plea, resulting in a final sentence of three years and nine months' imprisonment. The court also disqualified the defendant from holding or obtaining a driver's license for three years from the date of his release from prison.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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