IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY
I TE KŌTI MATUA O AOTEAROA TAURANGA MOANA ROHE
CRI 2021-01906
[2022] NZHC 180
THE QUEEN v
VANESSA HINEMOA TE HAU TANAWHEA
Hearing: 11 February 2022 Appearances:
B R Smith for Crown G Boot for Defendant
Sentence:
11 February 2022
SENTENCE OF DUFFY J
One c
Solicitors:
Crown Solicitor, Tauranga Gavin Boot Law, Hamilton
R v TE HAU TANAWHEA [2022] NZHC 180 [11 February 2022]
Facts of offending
[1] Ms Te Hau Tanawhea, you appear for sentencing today having pleaded guilty to one charge of dangerous driving causing death.
[2] The facts of the offending are briefly set out in the Crown summary of facts to which you have pleaded guilty. You were in a relationship with the deceased victim for a short period of time. On 30 December 2020 you and he were at a residential address at Kawerau. At around 7 am an argument developed and you went to leave the address in your vehicle. On multiple occasions the victim climbed onto the bonnet as you drove away from the address in the vehicle. You accelerated the vehicle in a westerly direction along Newall Street with the victim still on the bonnet. He came off the bonnet and landed on the road near the kerb at the intersection of Newall and Whittaker Streets. The fall caused his head to strike the road with significant force to cause a skull fracture. At 7.10 am the victim was located by a member of the public and emergency services attended the scene. However, the victim had suffered critical injuries and died at the scene.
[3] The post-mortem examination identified a skull fracture caused by blunt trauma consistent with striking the road. The condition of the victim’s body was reported by the attending pathologist as consistent with being thrown or falling from a vehicle in movement.
[4] When spoken to by police your explanation was that the deceased climbed onto the vehicle and you drove away at speed because you were upset and angry that he had become aggressive. You told police the victim sat up on the bonnet and then pushed himself off the car. You saw him lying on the road, panicked and carried on driving.
[5] You told the police you drove away at speed but there is no evidence you drove at an excess speed that day. Apart from continuing to drive while the victim was on the car bonnet there is no evidence there was anything else that was dangerous or reckless about the way you drove that day.
[6] There is no evidence that you realised the victim was seriously injured when you saw him lying on the road. There is no evidence that your failure to stop and help him contributed to his death. I note he was found, and emergency services help was sought shortly after you had left the scene. There is also no evidence as to whether the victim fell from the vehicle,…
Continue reading R v Tanawhea
Sign in free to access the full text
- AGLC
- R v Tanawhea [2022] NZHC 180
- Case
- [2022] NZHC 180
- Decision Date
CaseChat Overview and Summary
The court acknowledged the tragic circumstances of the case, where Tanawhea had driven away while the victim clung to the bonnet of her car, ultimately resulting in the victim's death. The court recognised the difficult personal circumstances Tanawhea faced, including a history of family violence and abuse, which influenced her actions on the day of the incident. Despite these mitigating factors, the court found that Tanawhea's decision to continue driving, knowing the victim was on the bonnet, constituted a serious breach of her duty of care.
After considering the aggravating and mitigating factors, the court determined that a starting point of three years' imprisonment was appropriate. The court applied discounts for Tanawhea's early guilty plea, genuine remorse, good character, and cultural factors, resulting in a final sentence of 11 months' home detention. Additionally, the court imposed a two-year disqualification from driving.
The court's reasoning and outcome reflected a balanced approach, taking into account the seriousness of the offence, the personal circumstances of the defendant, and the need for deterrence and rehabilitation. The final orders of the court included a sentence of 11 months' home detention and a two-year driving disqualification.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.