IN THE HIGH COURT OF NEW ZEALAND DUNEDIN REGISTRY
I TE KŌTI MATUA O AOTEAROA ŌTEPOTI ROHE
CRI-2023-012-191
[2023] NZHC 2288
THE KING v
BRENT JAMES TIDDY
Hearing: 22 August 2023 Appearances:
R D Smith for Crown
A Dawson for Defendant
Judgment:
22 August 2023
SENTENCING NOTES OF DUNNINGHAM J
[1] Brent Tiddy, you are here for sentence today having pleaded guilty to a charge of manslaughter and causing the death of Katherine Joyce Broad.
The offending
[2] At the time of the offending, you had never held a driver licence. Furthermore, more than five years earlier, on 5 November 2017, you had been forbidden to drive by police until an appropriate licence was obtained. On 22 January 2021, you were sentenced a six month disqualification period and subject to an alcohol interlock device by the Court for committing a number of driving offences including driving with excess blood alcohol.
R v TIDDY [2023] NZHC 2288 [22 August 2023]
[3] On 23 February 2023, at around 10.45 pm, you were driving with the victim around the Dunedin area in your Honda Accord. You had been drinking alcohol and smoking cannabis earlier in the evening. When you drove into the McDonald’s outlet at North Dunedin you mounted the kerb as you tried to park the vehicle in the carpark. After ordering some food there, you got back into the driver’s seat and drove north towards State Highway 1. At around 11 pm, you drove at speed through a set of road works. The road works were signposted with a temporary 30 km/ph speed limit. You overtook a vehicle that was travelling north by swerving into the far right south bound lane and continued in this lane for approximately 150 m.
[4] Minutes later you approached a set of north bound passing lanes, in a 100 km/ph area and began overtaking a vehicle that was travelling north. You crossed a set of double yellow lines that separated the north bound passing lanes from the single south bound lane and you travelled into the path of an oncoming truck and trailer unit. The truck driver took evasive action and you narrowly missed it, swerving back into the left hand lane.
[5] At approximately 11.05 pm your vehicle was seen parked on the right side of the road by the occupants of the vehicle you had previously overtaken. At approximately 11.15 pm you approached the same vehicle at excessive speed and came up so close behind the vehicle that your headlights were unable to be seen in the rear view mirror. You overtook this vehicle once again as well as another vehicle in front of it, again, crossing a set of double yellow lines and travelling in the south bound lane to do so.
[6] At around 11.24 pm, you entered the township of Waikouaiti. Again, there were roadworks present and there was a 30 km/ph temporary speed limit. You were travelling at excess speed and lost control of the vehicle, veering left and…
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- AGLC
- R v Tiddy [2023] NZHC 2288
- Case
- [2023] NZHC 2288
- Decision Date
CaseChat Overview and Summary
The court determined an appropriate starting point for sentencing, considering the similarities and differences between Tiddy's case and previous cases. An uplift for aggravating factors and discounts for mitigating factors were applied to arrive at the final sentence. The court imposed a minimum period of imprisonment to ensure accountability, deterrence, and community protection. Tiddy was sentenced to four and a half years' imprisonment, with a minimum of two years before being eligible for parole, and disqualified from driving for five years from the date of his release.
The final orders of the court were that Brent James Tiddy was to serve four and a half years' imprisonment, with a minimum of two years before being eligible for parole, and be disqualified from driving for five years from the date of his release.
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Background
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Evidence
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Decision
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Ratio Decidendi
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