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R v Tuitama

R v Tuitama

Case [2024] NZHC 1175 10 May 2024

Unconscionable Conduct

Criminal Law

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IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CRI-2023-085-1374

[2024] NZHC 1175

THE KING

v

JASON TUITAMA

Hearing: 10 May 2024

Counsel:

R De Silva for Crown

L A Scott and S Campbell for Defendant

Sentence:

10 May 2024

Reissued:

14 May 2024

SENTENCING NOTES OF ISAC J

Introduction

[1] I want to begin by acknowledging the person who can’t be here today. Cass Maguire was only 28 years old when she passed away. She was a loving mother, partner, daughter and sister who should have had a long life in front of her.

[2] Janette, her Mum, describes Cass on the evening of the wedding of 17 June 2023—the last family gathering that she would ever attend—as a beautiful, vibrant, funny, and proud mum in her element. She was a representative player in many of the sports she played and represented New Zealand in handball. But much more than this, she was a caring person who spent her life dedicated to others: her young son Hendricks, her partner Luke, her brother and sister and mum and dad, and her

R v TUITAMA [2024] NZHC 1175 [10 May 2024]

wider whānau. Her care for others was reflected in the jobs and professional roles that she performed.

[3] Thank you to those who spoke today. I could see how difficult it was for you and I am grateful for your words. What you said was very distressing to listen to. While today my focus must be on sentencing the defendant, I have not lost sight of the special person whose life was lost so needlessly, and the immense sorrow that that has caused you.

[4] Mr Tuitama, you appear for sentence having pleaded guilty to Ms Maguire’s manslaughter,1 reckless driving causing injury to another victim,2 failing to stop to ascertain if your victims were injured,3 and driving with excess breath alcohol.4

The offending

[5] On 8 February 2023, you were suspended from driving for 28 days after driving in excess of 40km/h on Murphy Street here in Wellington.

[6] A month later, on 4 March, you were stopped for speeding and charged with driving whilst suspended.

[7] On 15 April 2023, you were stopped once again for speeding, this time on Jervois Quay. You were suspended from driving for three months as a result of excess demerit points. The period of suspension lasted until 14 July 2023.

[8] Two-weeks later, on 1 May, you appeared in the Porirua District Court in relation to the charge of driving whilst suspended from 4 March. Your lawyer at the time was not advised about the subsequent 15 April 2023 suspension notice and mistakenly advised you that you were able to drive until your sentencing date in late June last year.

1      Crimes Act 1961, ss 156, 171, 160(2)(b) and 177. Maximum penalty life imprisonment.
2      Land Transport Act 1998, s 36(1)(a). Maximum penalty five years’ imprisonment.
3      Land Transport Act, s 36(1)(c).
4      Land…

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 Tuitama

Details

AGLC: R v Tuitama [2024] NZHC 1175
Case: [2024] NZHC 1175
Decision Date: 10 May 2024

CaseChat Overview and Summary

In the High Court of New Zealand Wellington Registry, Jason Tuitama faced charges for manslaughter, reckless driving causing injury, failing to stop to ascertain if victims were injured, and driving with excess breath alcohol. The incident occurred on 17 June 2023, when Tuitama, heavily intoxicated and driving at excessive speeds, struck and killed Cass Maguire and injured another individual. The court had to determine the appropriate sentence considering the severity of the offenses, Tuitama's driving history, and his level of intoxication.

The court identified several aggravating factors, including Tuitama's gross intoxication, his disregard for traffic laws, and his history of reckless driving. Despite pleas of guilt and arguments for mitigating factors such as youth, rehabilitative prospects, and remorse, the court found these did not warrant significant reductions. The court emphasized the devastating impact on the victims' families and the severe nature of Tuitama's reckless behavior. After considering the aggravating and mitigating factors, the court sentenced Tuitama to four years and four months' imprisonment for manslaughter, two years for reckless driving causing injury, 12 months for failing to stop to ascertain injury, and four weeks for driving with excess breath alcohol. All sentences were to run concurrently. Additionally, Tuitama was ordered to pay $15,000 in emotional harm reparation and was disqualified from driving for four years after his release.

The court's decision underscored the gravity of Tuitama's actions and the profound impact on the victims and their families, balancing the need for punishment with considerations of rehabilitation and deterrence.

Orders