R v Stockwell - [2024] NZHC 1590

IN THE HIGH COURT OF NEW ZEALAND TIMARU REGISTRY

I TE KŌTI MATUA O AOTEAROA TE TIHI-O-MARU ROHE

CRI-2023-076-1231

[2024] NZHC 1590

THE KING

v

MURRAY DEANE STOCKWELL

Hearing: 17 June 2024

Appearances:

S M H McManus for Crown P J Norcross for Defendant

Judgment:

17 June 2024

ORAL SENTENCING REMARKS OF OSBORNE J

Introduction

[1]Mr Stockwell, I ask you to stand, please.

[2] Murray Deane Stockwell, you appear for sentence on two charges of manslaughter. You pleaded guilty and were convicted on 17 May 2024. The charges of manslaughter arose from the fact that you caused the deaths of Shane Davidson and Stephanie Gilbert by driving your Falcon V8 motorcar in a dangerous manner.

[3] I am shortly going to ask you to sit again while I explain the sentence I will be imposing on you. This will take some time. I will indicate to you towards the end when you need to stand again.

R v STOCKWELL [2024] NZHC 1590 [17 June 2024]

[4]Please be seated for now.

[5] As you will recall Mr Stockwell, in March this year you requested a sentence indication once the Crown had completed disclosure to you. Having heard submissions, I gave you a sentencing indication on 8 May 2024 which you promptly accepted and entered guilty pleas. I will attach to the typed version of these sentencing remarks a copy of the sentencing indication I gave you in May.

[6] Some of what I have to say today repeats matters I explained to you at that previous hearing.

Agreed summary of facts

Your offending

[7] On the morning of 5 October 2023, you were with Mr Davidson and Ms Gilbert. You have since explained you had been on night shift and that after night shifts you would usually have a beer, eat and go to sleep. On 5 October the three of you were at your address in Timaru drinking alcohol. Around 10:30 am you travelled to a liquor store to purchase more alcohol. Ms Gilbert drove at that time. You and Mr Davidson went into the store and purchased more alcohol.

[8]You then drove the three of you into the countryside.

[9] Around 11:40 am, you were travelling southeast on Springfield Road, Temuka. You overtook a tractor and trailer unit. You then drove straight through the intersection of Guild and Middleswamp Roads, which is controlled by a give way sign. The view on the eastern side of the road as you approached it was and is to the left of the intersection obscured by a large row of trees. After crossing the intersection, you lost control of your vehicle in shingle. You crashed the vehicle into a drainage ditch.

[10] The front seat passenger, Ms Gilbert, and the rear passenger, Mr Davidson, were both critically injured and they died at the scene. You were seriously injured. After being rescued you were flown to Christchurch Hospital. A blood sample was

taken. It returned a result of 187+ or - 9 milligrams 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 Stockwell

Details

AGLC: R v Stockwell [2024] NZHC 1590
Case: [2024] NZHC 1590
Decision Date: 17 June 2024

CaseChat Overview and Summary

Murray Deane Stockwell was convicted of two counts of manslaughter after causing the deaths of Shane Davidson and Stephanie Gilbert by driving dangerously while significantly over the legal alcohol limit. Stockwell, who had a history of drink-driving offences, was sentenced by Osborne J in the High Court at Timaru. The court had to determine the appropriate sentence considering the aggravating and mitigating factors of the case, including Stockwell's previous convictions, the high alcohol level at the time of the incident, and the excessive speed at which he was driving.

In arriving at the sentence, the court calculated a starting point of eight years and three months' imprisonment, reflecting the gravity of the offence and the tragic outcome of the deaths of two people. The court then applied a 20% reduction for Stockwell's guilty plea, despite not entering the plea at the earliest opportunity, and a 5% reduction due to the disproportionate effects of imprisonment on Stockwell given his medical condition. This resulted in a final sentence of six years and two months' imprisonment to be served concurrently. Additionally, Stockwell was disqualified from holding or obtaining a driver's licence for five years from the date of his release from prison.

Orders