R v Presland - [2015] NZHC 1203

IN THE HIGH COURT OF NEW ZEALAND DUNEDIN REGISTRY

CRI-2014-012-2984 [2015] NZHC 1203

THE QUEEN

v

CAMERON CHARLES PRESLAND

Hearing: 2 June 2015

Appearances:

CER Power for Crown
A Stevens for Defendant

Judgment:

2 June 2015

SENTENCING REMARKS OF MANDER J

[1] Cameron Presland, you have pleaded guilty following a sentence indication to the manslaughter of Shannon and Danielle Kiriau. You have also pleaded guilty to two charges of driving dangerously causing injury to Courtney Donald and Caitlin Adams.

Factual background

[2] On 16 May last year, you took possession of a Honda Integra motor vehicle which was fitted with an uncertified aftermarket turbo. The vehicle did not have a warrant of fitness, nor was it registered. You were aware of this when you took possession of the vehicle.

[3] The following evening, you drove the vehicle around the greater Mosgiel area. You carried unauthorised passengers, in breach of your learner driver’s licence. On two occasions, you rapidly accelerated the vehicle in an exhibition of speed.
Later that same evening, you drove the vehicle to a party. You had four passengers,

R v PRESLAND [2015] NZHC 1203 [2 June 2015]

again, in breach of your licence conditions. While at the party for a number of hours, you consumed alcohol.

[4] In the early hours of the following morning, Sunday the 18th of May, you left the party in your vehicle with the same four passengers, Shannon and Danielle Kiriau, Courtney Donald and Caitlin Adams. As you drove onto the main highway you rapidly accelerated the vehicle. There were no other vehicles in the vicinity, the road was dry and the weather conditions clear.

[5] As you approached a moderate right hand bend, you lost control of the vehicle. It spun and collided with a tree and a metal pole. The vehicle underwent several rotations before coming to rest on a grass verge adjacent to the road.

[6] A subsequent examination by crash investigators who examined the scene concluded that you had been speeding. Analysis of the initial yaw marks put the speed of your vehicle at between 142 and 163 km/hr.

[7] As a result of the impact with the pole, your front seat passenger, Shannon Kiriau, sustained fatal head injuries. Your two rear seat passengers, Danielle Kiriau and Courtney Donald, were ejected from the vehicle. Danielle also sustained fatal head injuries.

[8] Courtney suffered grievous injuries. She remained in the intensive care unit for a month after the crash. She suffered brain injury and has been the subject of some 16 surgeries, which involve major and invasive operations, including the insertion of metal plates and bone implants to address the many fractures and damage to her head and body. Your other rear seat passenger, Caitlin Adams, suffered fractures in both hands, concussion and bruising.

[9] You were transported to Dunedin Hospital for treatment. Some time after the crash, a blood sample was taken from you. The subsequent analysis of that sample was found to contain 79 micrograms of alcohol…

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 Presland

Details

AGLC: R v Presland [2015] NZHC 1203
Case: [2015] NZHC 1203
Decision Date: 2 June 2015

CaseChat Overview and Summary

Cameron Presland has pleaded guilty to the manslaughter of Shannon and Danielle Kiriau, and to two charges of dangerous driving causing injury to Courtney Donald and Caitlin Adams. The defendant was aware that the vehicle he was driving was uncertified, unregistered, and had an expired warrant of fitness. He had also consumed alcohol and had passengers in breach of his learner driver's licence. The court considered various aggravating factors, such as the defendant's excessive speed, his disregard for roadworthiness, and his breach of licence conditions. The court also considered mitigating factors, including the defendant's young age, his remorse, and his guilty plea. The court imposed a sentence of four years and nine months imprisonment for the manslaughter charges and two years imprisonment for the dangerous driving charges, to run concurrently. The defendant is disqualified from driving for five years and is ordered to make reparation to the victims' families.

The court identified several legal issues, including the appropriate starting point for the sentence, the impact of aggravating and mitigating factors, and the appropriate sentence for the defendant's offending. The court also considered the defendant's age, previous convictions, and remorse in determining the final sentence. The court's reasoning was based on the seriousness of the defendant's offending, the need for deterrence and denunciation, and the need to provide some credit for the defendant's guilty plea and remorse. The court also took into account the impact of the offending on the victims and their families. The final sentence imposed by the court was four years and nine months imprisonment, with a five-year disqualification from driving and an order for reparation of $3,800.

Orders