R v Strickland

[2020] NZHC 2314

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CRI-2019-009-007383

[2020] NZHC 2314

THE QUEEN

v

LIAM TEAU ARIKI STRICKLAND

Hearing:

7 September 2020

Appearances:

M N Zarifeh for Crown

R G Glover for Defendant

Judgment:

7 September 2020

SENTENCING REMARKS OF OSBORNE J

This judgment was delivered by me on 7 September 2020 at 10.26 am Registrar/Deputy Registrar

Date:

R v STRICKLAND [2020] NZHC 2314 [7 September 2020]

Introduction

[1]Mr Strickland, please stand. You have pleaded guilty to charges of:

·     manslaughter;

·     receiving;

·     driving while disqualified (third or subsequent);

·     reckless driving;

·     burglary;

·     assault with a weapon;

·     dangerous driving; and

·     failing to stop.

[2]    The maximum penalty on the manslaughter charge is life imprisonment with varying maximum periods of imprisonment on the other charges.

[3]    I am shortly going to invite you to sit down again because I need to identify the background to your offending, the facts of your offending, and importantly the reasons for the sentence I will impose on you. That will take some time.

[4]So, please be seated.

[5]    To consider the sentence I should impose on you, I will deal with a number of topics:

(a)First, I will refer to the facts. That will include my consideration of the victim impact statements, three of which have been read by them or the support officer today.

(b)I will turn to examine the period of imprisonment which I should impose on you. That requires me to consider, as you have heard from counsels’ submissions:

(i)first, a starting point, that is a period of imprisonment which I consider reflects the seriousness of your main crime;

(ii)secondly, personal factors about you which make your offending worse; and

(iii)thirdly, the circumstances personal to you which reduce your level of responsibility for the crime and also bring into account your guilty plea.

(c)I must also determine, as you have heard from Mr Zarifeh, whether there should be a minimum period of imprisonment — that is what the lawyers call an MPI.

[6]At this point, I am going to summarise the facts.

Factual background

[7]    In order to establish the factual background, you are aware that there has been two distinct processes. First, between the Crown and you (through Mr Glover) the facts that were agreed were identified. Secondly, in relation to a number of facts which you disputed the Court convened a hearing of evidence last month and I made findings in relation to those disputed facts.

[8]    Relevant to your offending is that you were on 8 August 2018 disqualified from driving for a period of 13 months, expiring on 7 September 2019. Subsequently, and before the offending for which I am sentencing you, you were granted electronically monitored (EM) bail on other charges, including numerous driving charges, and were required to wear an electronic bracelet. Your driving of which I am about to speak occurred after you had cut off that bracelet and absconded…