R v Taukava - [2018] NZHC 2290

IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

I TE KŌTI MATUA O AOTEAROA

TE ROTORUA-NUI-A-KAHUMATAMOMOE ROHE

CRI-2017-069-000626

[2018] NZHC 2290

THE QUEEN

v

DANIEL TAUKAVA

Hearing: 31 August 2018

Appearances:

A J Gordon for Crown L Te Kani for Defendant

Sentence:

31 August 2018

SENTENCING NOTES OF WYLIE J

Solicitors/counsel:
Crown Solicitors, Rotorua
L Te Kani, Families Matter Law Practice, Rotorua

R v TAUKAVA [2018] NZHC 2290 [31 August 2018]

Introduction

[1] Mr Taukava, you appear for sentence today having accepted a sentence indication given to you by Lang J on 19 July 2018.1

[2]You have pleaded guilty to the following charges:

(a)manslaughter by an unlawful act, namely driving your vehicle dangerously;2

(b)making a false statement in a logbook (x 2);3

(c)failing to deliver your logbook to your employer;4 and

(d)not taking 10 hours rest.5

[3] Manslaughter by an unlawful act carries a maximum penalty of life imprisonment.6 It is the lead charge for the purposes of sentencing.

Relevant facts

[4] The principal charge of manslaughter by an unlawful act arises out of an event that occurred on the evening of 25 January 2017. At 6.53 pm that evening, you were driving a heavy truck and trailer unit in a northerly direction on State Highway 1 just outside Taupo. You were on your way back from a trip which took you from the Coromandel to Nelson delivering mussels. You had commenced your journey on the afternoon of 23 January 2017, and you were on the last stage of what was to be a three- day trip.

1      R v Taukava [2018] NZHC 1804.
2      Crimes Act 1961, ss 160(2)(a).
3      Land Transport Act 1998, s 79R(1)(b). The maximum penalty is a fine not exceeding $2,000. The court may also disqualify the person from holding or obtaining a licence for a period of one month or more as the Court sees fit.
4      Section 79Q(a). The maximum penalty is a fine not exceeding $2,000. The court may also disqualify the person from holding or obtaining a licence for a period of one month or more.
5      Section 30ZC(2)(b). As per s 79O(b), the maximum penalty is a fine not exceeding $2,000. The court may also disqualify the person from holding or obtaining a licence for a period of one month or more.
6      Crimes Act, s 177(1).

[5] The summary of facts to which you have pleaded guilty records that during this trip, you were not getting sufficient rest and that you were sleeping for no more than a few hours at any one time, often in your truck.

[6] On the evening of 25 January 2017, there had been downpours of rain in the Taupo area. At the time of the incident giving rise to the principal charge, it was still raining.

[7] Immediately prior to the crash, you were travelling at a speed of approximately 97 kilometres per hour as you approached a right-hand bend on a downhill section of State Highway 1. On an earlier…

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 Taukava

Details

AGLC: R v Taukava [2018] NZHC 2290
Case: [2018] NZHC 2290
Decision Date: 31 August 2018

CaseChat Overview and Summary

Daniel Taukava, the defendant, has pleaded guilty to charges of manslaughter by an unlawful act, making false statements in a logbook, failing to deliver his logbook to his employer, and not taking the required 10 hours rest. The manslaughter charge arose from an incident where Taukava was driving a truck dangerously, resulting in the death of a motorcyclist. The court had to determine the appropriate sentence for these offences, taking into account Taukava's culpability, his remorse, and his personal circumstances. The court considered the aggravating factors of excessive speed, lack of adequate rest, inappropriate use of the engine retarder, and failure to wear a seatbelt. The court also noted mitigating factors such as Taukava's genuine remorse and his guilty pleas. Based on these considerations, the court set a starting point of three years and six months' imprisonment for the manslaughter charge, uplifted by three months due to Taukava's history of speeding infringements. The court then applied discounts for Taukava's remorse and guilty pleas, resulting in a final sentence of two years and ten months' imprisonment for the manslaughter charge, and one month's disqualification for each of the other charges. The disqualifications are to be served cumulatively, meaning Taukava will be disqualified from driving for a total of four months after his release from custody.

The court rejected the defendant's request for leave to apply for home detention and noted the family's wish for Taukava to be held in a prison near Auckland, although the court has no jurisdiction to direct where he is held. The court's decision reflects the seriousness of the manslaughter charge, the defendant's culpability, and the mitigating factors present in this case.

Orders