R v Te Rupe

In the High Court of New Zealand Tauranga Registry, Mare Te Rupe was sentenced for charges including manslaughter, attempting to wilfully pervert the course of justice, and driving while disqualified. The court heard that Te Rupe, while attending a memorial service and under the influence of alcohol and cannabis, took over driving from another individual. His reckless driving led to a fatal collision with an oncoming motorbike, killing the rider, Grant Wilson. Te Rupe subsequently attempted to interfere with witnesses while in custody, making phone calls to associates and threatening passengers to alter their testimonies.

The court's primary task was to determine the appropriate starting point for sentencing, considering both the manslaughter and the charges of attempting to pervert the course of justice. The judge found the aggravating factors of the offending to include excessive speed, disregard for passenger warnings, persistent bad driving, aggressive conduct, driving while disqualified, prior driving convictions, and the resulting death and injury. The starting point for the manslaughter charge was set at seven and a half years, while for the charges of attempting to pervert the course of justice, it was set at four years. After applying a 25% discount for an early guilty plea and an additional 5% for the offer to participate in restorative justice, the total sentence was set at seven years and four months' imprisonment.

The court also addressed personal mitigating factors, such as Te Rupe's background in a gang lifestyle and his expressed remorse. However, the court was skeptical about the genuineness of his remorse, particularly given his insistence that the death was an accident and his attempts to justify his actions. The court concluded that no further discount was warranted for personal circumstances, given Te Rupe's continued association with the gang and lack of clear intent to change his lifestyle. The remaining charges were to be served concurrently with the manslaughter sentence.