R v Thompson - [2012] NZHC 2526

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

CRI-2011-019-007940 [2012] NZHC 2526

THE QUEEN

v

WILLIAM ASHTON THOMPSON

Hearing: 23 July 2012

Appearances: C D Bean for the Accused
T V Clark for the Crown

Judgment: 20 September 2012

SENTENCING REMARKS OF GILBERT J

Counsel: T V Clark, Hamilton: tvc@almaodouch.co.nz
C D Bean, Hamilton: charlesbean@ihug.co.nz

R V THOMPSON HC HAM CRI-2011-019-007940 [20 September 2012]

[1] Mr Thompson, you appear today for sentence having been found guilty by a jury of manslaughter. This offence carries a maximum penalty of life imprisonment.

Facts

[2] Shortly before 6.30 pm on 6 October 2011 you drove to the Brookfield accommodation block in Dey Street, Hamilton. You removed a rubbish sack from your car and placed it on the ground.

[3] The deceased, Warren Deane, was a 41 year old university student who was living in the accommodation block. He saw you dumping the rubbish and he came over to confront you about it. He asked you to put the rubbish back in your car, which you did. He said he was going to call the police and he stood in front of your car to prevent you from leaving. You made it clear that you were not prepared to wait for the police to arrive. You got back into your car and started to move slowly forward towards Mr Deane. He ended up on the bonnet of your car as you drove off. He was lying on his back facing forward with his upper back against the front windscreen on the driver’s side.

[4] You drove at speeds of between 30 and 60 kilometres per hour for approximately 440 metres with Mr Deane in this vulnerable position. You drove along Dey Street, past the give way sign at the intersection with Brookfield Street. You continued along Dey Street and then turned left into Naylor Street passing another give way sign without stopping. As you accelerated down Naylor Street, Mr Deane decided to try to get off the bonnet. He rolled off the right-hand side of the car and landed heavily on the road sustaining fatal head injuries as a result. You did not stop or offer any assistance. You carried on driving home.

[5] While Mr Deane was on the bonnet of your car, he called out to bystanders asking them to call the police saying that he thought you were trying to kill him. He called 111 on his cellphone while he was on the bonnet of your car and asked for their urgent assistance. You must have heard Mr Deane crying out for help. It must

have been obvious to you that Mr Deane feared for his life and yet at no stage did you stop or slow sufficiently to enable him to get off your car safely.

[6] Despite the best efforts of emergency services and medical personnel, Mr Deane could not be saved and he died in hospital from his head injuries five days later.

Victim impact statement

[7]…

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 Thompson

Details

AGLC: R v Thompson [2012] NZHC 2526
Case: [2012] NZHC 2526
Decision Date: 20 September 2012

CaseChat Overview and Summary

In the case of R v Thompson, the defendant, William Ashton Thompson, was sentenced for the offence of manslaughter. The incident occurred when Thompson drove off with the deceased, Warren Deane, on the bonnet of his car after a confrontation over littering. Deane sustained fatal head injuries when he fell from the bonnet and Thompson did not stop or offer assistance. The High Court of New Zealand, Hamilton Registry, presided over the case, with Gilbert J delivering the sentencing remarks. The legal issues involved determining an appropriate starting point for sentencing and considering any aggravating or mitigating factors, including Thompson's culpability, remorse, and risk of re-offending.

The court considered various aggravating factors, such as the distance Thompson drove with Deane on the bonnet, his failure to stop despite Deane's pleas for help, and his lack of remorse. The Crown argued for a starting point of between five years, six months and five years, nine months’ imprisonment, while the defence suggested a lower starting point of three to three and a half years’ imprisonment. The court ultimately settled on a starting point of four years and six months’ imprisonment, acknowledging that Thompson's driving, while negligent, was not as extreme as in a comparable case. The court found no mitigating factors to adjust the starting point.

In sentencing Thompson, the court held him accountable for Deane's death, emphasizing the need for denunciation and deterrence. The final sentence was four years and six months’ imprisonment, with an additional order disqualifying Thompson from holding or obtaining a driver's licence for three years following his release from prison. This decision reflects the court's emphasis on accountability and public safety, while also considering the unique circumstances of the case.

Orders