R v Tiddy - [2023] NZHC 2288

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…

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 Tiddy

Details

AGLC: R v Tiddy [2023] NZHC 2288
Case: [2023] NZHC 2288
Decision Date: 22 August 2023

CaseChat Overview and Summary

In the High Court of New Zealand, Dunningham J sentenced Brent James Tiddy for manslaughter and causing the death of Katherine Joyce Broad. Tiddy, an unlicensed driver who had been previously prohibited from driving, had been drinking alcohol and smoking cannabis before driving recklessly and causing the fatal accident. The court considered the aggravating factors, including Tiddy's prior driving convictions, his disregard for traffic rules, and his consumption of alcohol and drugs. Mitigating factors, such as Tiddy's guilty plea and his participation in restorative justice, were also taken into account.

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.

Orders