R v Stephens - [2023] NZHC 3555

IN THE HIGH COURT OF NEW ZEALAND PALMERSTON NORTH REGISTRY

I TE KŌTI MATUA O AOTEAROA TE PAPAIOEA ROHE

CRI-2023-054-1040

[2023] NZHC 3555

THE KING

v

PATRIZIA STEPHENS

Sentencing: 7 December 2023

Counsel:

G J Carter and J P Field Turner for the Crown P L Murray for the Defendant

Sentencing Notes:

7 December 2023

SENTENCING NOTES OF GWYN J

Introduction

[1] I want to begin by acknowledging the loss and grief of Mr Thomas Martin’s family. From what I have read, and heard today, Tom was a much-loved son, father, grandfather, uncle and friend to many in the community. What strikes me is that he was a very fine, decent man. The loss of his life has had a profound effect on his family and friends.

[2] My primary focus today is on the sentencing, but none of us should lose sight of that loss, or of the injury and lasting damage done to Mr Zane Bullivant and Ms Stephanie Reeves. I will talk later about the other victim impact statements I have received.

R v STEPHENS [2023] NZHC 3555 [7 December 2023]

[3] Patrizia Stephens, on 21 July 2023,1 I gave you a sentence indication. I said that if you pleaded guilty to one count of manslaughter by the unlawful act of reckless driving2 and two counts of reckless driving causing injury,3 an appropriate sentence would be four years and two months’ imprisonment, subject to any further discounts that may be appropriate when pre-sentence reports were received.

[4] After the sentence indication, you pleaded guilty to all charges. You now appear before the Court for sentencing.

What happened

[5] You are a first-time offender. You were aged 18 at the time of the offending that I go on to describe.

[6] On 14 October 2022, you say you consumed 20 bongs of cannabis in the evening. Approximately 30 minutes before getting into your car, you had your last bong. You drove to Palmerston North, arriving at Stephanie Reeve’s home address around 7.00 pm. Ms Reeve got into the car, sitting in the passenger seat, and you drove to a shopping centre. Driving Ms Reeve was in breach of the conditions of your restricted licence. Afterwards, the pair of you went to the “skids”.4 In a Bunnings car park, you joined a “skid train”.5 The skid train drove to a location in Linton to do burnouts. At this location, you accepted another passenger, Zane Bullivant, who sat in the back of your car.

[7] The skid train drove to a second skids location where the presence of Police led to the skid train moving on, aiming to arrive at a third skids location for the evening. The skid train drove into Palmerston North city and up Main Street, heading towards the next skids location in Ashhurst.

1      R v Stephens HC Palmerston North CRI-2023-054-1040, 21 July 2023 (sentence indication of Gwyn J).
2      Crimes Act 1961, ss 171, 160(2)(a) and 177. The maximum penalty is life imprisonment.
3      Land…

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 Stephens

Details

AGLC: R v Stephens [2023] NZHC 3555
Case: [2023] NZHC 3555
Decision Date: 7 December 2023

CaseChat Overview and Summary

The case of R v Stephens concerns the sentencing of Patrizia Stephens, who was found guilty of one count of manslaughter by the unlawful act of reckless driving and two counts of reckless driving causing injury. The events occurred on 14 October 2022 when Stephens, under the influence of cannabis, engaged in reckless driving with passengers, ultimately resulting in a fatal collision. The court heard the devastating impact on the victims and their families, emphasizing the profound loss and injuries caused by Stephens' actions. Submissions from both the defence and the Crown outlined arguments for and against sentence reductions based on factors such as remorse, youth, and mental health. After considering the pre-sentence reports and victim impact statements, the court determined a starting point of five years and six months' imprisonment, adjusted for a guilty plea and youth, resulting in a final sentence of three years and four months' imprisonment, with a four-year disqualification from driving post-release. The court also ordered Stephens to pay reparation to one of the victims and granted leave for the Crown to seek further reparation details.

Orders