R v Ormsby - [2013] NZHC 1873

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

CRI 2013-019-001444 [2013] NZHC 1873

THE QUEEN

v

CYRUS ORMSBY

Hearing: 24 July 2013

Appearances: J M O'Sullivan for the Crown
J S Gurnick and G D Prentice for the Defendant

Judgment: 24 July 2013

SENTENCING NOTES OF WYLIE J

R v ORMSBY [2013] NZHC 1873 [24 July 2013]

[1] I want to start by acknowledging the presence of both families at the back of the Court today, members of the Grey-Smith family and members of the Ormsby family. Cases of this kind cause considerable difficulty for Sentencing Judges. Unfortunately, such cases are all too common. The consequences of this case and regrettably others, are of course extremely serious. In this case, there has been a death of a young woman. Understandably, that often leads to calls from the victim’s family, and indeed from the community, for tougher sentencing. On the other hand, an offender guilty of this kind of offending did not intend to cause the death which has resulted, and Mr Grey fairly acknowledged that in what he said to me earlier this morning. So as I say, cases of this kind do pose a difficulty for sentencing Judges. The Court has to struggle to do the best that it can. I would ask all of you to bear that in mind.

[2] Mr Ormsby, you may remain seated until I ask you to stand.

[3] You appear for sentence today, having entered guilty pleas to two charges. The first charge is one of manslaughter. This is an offence under the Crimes Act
1961, and it is subject to a maximum penalty of life imprisonment. The other charge is for driving with excess blood alcohol causing injury. That is an offence under the Land Transport Act 1998, and it is subject to a maximum sentence of either five years’ imprisonment, or a fine of $20,000, together with disqualification from driving for a minimum period of one year.

Relevant Facts

[4] The charges relate to events which occurred on 22 November 2012.

[5] Some nine days earlier, on 13 November 2012, you were the driver of a Mazda motor vehicle on Primrose Street, Hamilton. You were stopped by the police. You admitted that you did not hold and had never held a driver’s licence. A check on the police computer confirmed this. You were issued with a traffic offence notice forbidding you to drive any motor vehicle until you obtained the appropriate driver’s licence.

[6] This notwithstanding, on the morning of 22 November 2012, you went with a friend, Lesio Temple, in a Mazda motor vehicle to pick up two other friends, Cheyenne Grey-Smith and Tylah Courtney. The four of you then travelled to Ngaruawahia. You and Ms Grey-Smith shared the driving.

[7] Tylah Courtney voiced concern about your driving. She felt unsafe.

[8] The four of you spent the day together. You consumed alcohol. Late in the afternoon, the four of you left Ngaruawahia, and headed back towards Hamilton.…

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 Ormsby

Details

AGLC: R v Ormsby [2013] NZHC 1873
Case: [2013] NZHC 1873
Decision Date: 24 July 2013

CaseChat Overview and Summary

Cyrus Ormsby was sentenced in the High Court of New Zealand for manslaughter and for driving with excess blood alcohol causing injury. The incident occurred on 22 November 2012, when Ormsby, who was unlicensed and had a high blood alcohol level, took over the driving of a vehicle from Cheyenne Grey-Smith. Ormsby drove dangerously, ignoring warnings from his passenger, Tylah Courtney, and ultimately caused a fatal crash. Grey-Smith was killed, and several others were injured.

The legal issues in this case involved determining an appropriate sentence for the manslaughter charge, which has a maximum penalty of life imprisonment, and for the charge of driving with excess blood alcohol causing injury, which has a maximum sentence of five years imprisonment or a $20,000 fine, along with a minimum one-year driving disqualification. The Court had to consider the aggravating and mitigating factors in Ormsby's case, as well as the principles of sentencing outlined in the Sentencing Act 2002.

The Court found several aggravating factors in Ormsby's case, including his high level of blood alcohol content, excessive speed, disregard for the safety of his passengers, and dangerous driving. The Court considered these factors to indicate a high degree of culpability on Ormsby's part. However, the Court also took into account mitigating factors such as Ormsby's age, his genuine remorse, and his offer to pay reparation to the victim's family.

After considering all the evidence and arguments presented, the Court sentenced Ormsby to four years and two months imprisonment for manslaughter, and two years for driving with excess blood alcohol causing injury. The sentences were to be served concurrently. Ormsby was also disqualified from driving for four years, starting from the day of his release from prison. Additionally, Ormsby's offer to pay reparation in the amount of $1,000 was accepted, and the money was to be transferred to the victim's family.

Orders