R v Stewart - [2019] NZHC 1797

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CRI-2018-009-010328

[2019] NZHC 1797

THE QUEEN

v

DARRIN RAY STEWART

Hearing: 26 July 2019

Appearances:

M N Zarifeh and S Bicknell for Crown

A M S Williams and S McManus for Defendant

Judgment:

26 July 2019

SENTENCING NOTES OF DUNNINGHAM J

[1] Mr Stewart, you are here today for sentencing on a charge of manslaughter in that your dangerous driving caused the death of Alexia Noble-Hazelwood. You also face charges of failing to stop and ascertain injury, failing to remain stopped for an enforcement officer, and three charges of reckless driving causing injury to your passengers; Zachary Noble-Hazelwood, Angel Livingstone and Tristan Le Comte respectively.

[2] It is important that I go through the events of that evening so that they are there for the record. The events which give rise to these charges occurred on the night of 16 November 2018. You had been socialising with friends and had been drinking and smoking cannabis when you got into your Mitsubishi Diamante car to drive your friends around town at around 11.00 pm. When you stopped at a petrol station on

R v STEWART [2019] NZHC 1797 [26 July 2019]

Linwood Avenue you noticed an unmarked police car. As you were unlicensed, you knew you should not have been driving and you asked one of your friends to swap seats with you. He refused. You then drove out of the petrol station onto Linwood Avenue where the police car indicated for you to stop by flashing its red and blue lights. You initially stopped the vehicle, but instead of pulling over to park in a safe position as directed by the constable, you accelerated away on Linwood Avenue and a short pursuit was initiated by the police constable.

[3] Because of the speed you were travelling at down Linwood Avenue you became airborne as you went over a speed hump and travelled onto the wrong side of the road. The police constable abandoned the pursuit at that stage because of the dangerous manner and speed at which you were driving. Witnesses estimate that you were travelling between 110 and 160 kilometres per hour.

[4] You continued onto Gloucester Street travelling at high speed. Your friends pleaded for you to stop and let them out. Even though the police car was no longer pursuing you, you refused. At the intersection of Gloucester Street and Stanmore Road traffic was stopped because the lights were red. However, you approached a parked car from behind, overtaking it on the left side and narrowly missing it, before proceeding through the intersection at high speed, just as the lights turned green.

[5] At the next set of lights, despite a red light signal in your direction, you went through it at high speed. You narrowly missed another car, which had commenced driving through the intersection on a green light. You continued on, but you began to lose control of…

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 Stewart

Details

AGLC: R v Stewart [2019] NZHC 1797
Case: [2019] NZHC 1797
Decision Date: 26 July 2019

CaseChat Overview and Summary

The case of R v Stewart involved the sentencing of Darrin Ray Stewart for manslaughter and related charges. The defendant was found guilty of causing the death of Alexia Noble-Hazelwood through dangerous driving, as well as failing to stop and ascertain injury, failing to remain stopped for an enforcement officer, and reckless driving causing injury to his passengers. The events leading to these charges occurred on the night of 16 November 2018, when Stewart drove his friends around Christchurch while unlicensed, intoxicated, and under the influence of cannabis. After being stopped by police, Stewart fled, driving at excessive speeds and causing a fatal accident.

The court considered several legal issues, including the appropriate starting point for sentencing, the presence of aggravating and mitigating factors, and the application of the Sentencing Act's purposes and principles. The Crown argued for a seven-year starting point due to the numerous aggravating features, such as Stewart's intoxication, attempt to evade police, and reckless driving. Stewart's lawyer suggested a six-year starting point, referencing comparable cases. The court found the Crown's proposed starting point to be appropriate, considering the significant aggravating factors present in this case.

In determining the final sentence, the court balanced the aggravating and mitigating factors. Aggravating factors included Stewart's intoxication, premeditated decision to drive, and disregard for the warnings of his passengers. Mitigating factors included his young age at the time of the offence, his diagnosis of ADHD, and his genuine remorse. The court accepted Stewart's genuine remorse, vulnerability, and youth as mitigating factors, applying a combined discount of close to 40 per cent to the starting point. An additional 25 per cent discount was applied for Stewart's guilty plea, resulting in a final sentence of three and a half years' imprisonment. The sentences for the related charges were ordered to be served concurrently.

The final orders included a three-year and six-month imprisonment term for manslaughter, 18 months' imprisonment for each charge of reckless driving causing injury, and 12 months' imprisonment for failing to stop and ascertain injury. Stewart was also disqualified from driving for five years and his vehicle was confiscated. The court also issued a three strikes warning, advising Stewart of the consequences of any future serious violent offence convictions.

Orders