R v S
Case
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[2024] NZHC 197
•16 February 2024
Details
AGLC
Case
Decision Date
R v S [2024] NZHC 197
[2024] NZHC 197
16 February 2024
CaseChat Overview and Summary
In the High Court of New Zealand, Gault J sentenced S and G following their convictions for manslaughter and related offences. The key issue was to determine appropriate sentences considering the nature of the offending, the culpability of the defendants, and relevant mitigating factors. Gault J set starting points for each defendant's overall offending and adjusted these based on aggravating and mitigating factors.
For G, the starting point was four and a half years' imprisonment, reflecting his culpability in the dangerous driving and failure to stop. Gault J applied discounts for G's youth, previous good character, remorse, and rehabilitative prospects, resulting in an end sentence of two and a half years' imprisonment, to be served concurrently.
For S, the starting point was three years and nine months' imprisonment, reflecting her culpability in the manslaughter by assault and additional assaults. Gault J applied discounts for S's youth, previous good character, rehabilitative prospects, and psychological needs, resulting in an end sentence of two years and two months' imprisonment, to be served concurrently.
The final orders were that G was sentenced to two and a half years' imprisonment on the manslaughter charge, three months' imprisonment on the assault charge, and six months' imprisonment on the failing to stop charge, with disqualification from driving for two years. S was sentenced to two years and two months' imprisonment on the manslaughter charge, nine months' imprisonment on the assault with intent to injure charges, and three months' imprisonment on the assault charges.
For G, the starting point was four and a half years' imprisonment, reflecting his culpability in the dangerous driving and failure to stop. Gault J applied discounts for G's youth, previous good character, remorse, and rehabilitative prospects, resulting in an end sentence of two and a half years' imprisonment, to be served concurrently.
For S, the starting point was three years and nine months' imprisonment, reflecting her culpability in the manslaughter by assault and additional assaults. Gault J applied discounts for S's youth, previous good character, rehabilitative prospects, and psychological needs, resulting in an end sentence of two years and two months' imprisonment, to be served concurrently.
The final orders were that G was sentenced to two and a half years' imprisonment on the manslaughter charge, three months' imprisonment on the assault charge, and six months' imprisonment on the failing to stop charge, with disqualification from driving for two years. S was sentenced to two years and two months' imprisonment on the manslaughter charge, nine months' imprisonment on the assault with intent to injure charges, and three months' imprisonment on the assault charges.
Details
Key Legal Topics
Areas of Law
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Criminal Law
Legal Concepts
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Mens Rea & Intention
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Vulnerability of the Victim
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Aggravated & Exemplary Damages
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Rehabilitative Prospects
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Compensatory Damages
Actions
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Citations
R v S [2024] NZHC 197
Most Recent Citation
Williamson v The King [2025] NZCA 334
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Cases Cited
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Statutory Material Cited
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