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R v Williamson

R v Williamson

Case [2024] NZHC 3670 3 December 2024

Disqualification from Driving

Criminal Law

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IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2023-092-007200

[2024] NZHC 3670

THE KING

v

ANTHONY DAVID WILLIAMSON

Hearing: 3 December 2024

Appearances:

B T Vaili and J E Bragg for the Crown

P Le’au’anae and R Sim for the Defendant

Judgment:

3 December 2024

SENTENCING NOTES OF POWELL J

R v ANTHONY DAVID WILLIAMSON [2024] NZHC 3670 [3 December 2024]

[1] Anthony Williamson, you appear for sentence today on a single charge of manslaughter. You were found guilty at trial of the manslaughter of Liang Miaoyuan, who died four days after she fell from your car on Botany Road.

The offending

[2]I begin by summarising what happened to bring you before the Court today.

[3]You did not know Ms Liang, or her husband, Mr Xie.

[4] While driving along Cascades Road in the early afternoon of 10 September 2022 you were involved in a minor accident. The front of your Ford Ranger Raptor ute appears to have gone into the rear of the vehicle being driven by Mr Xie, in which Ms Liang was a passenger.

[5] There is no dispute that both you and Mr Xie got out of your vehicles to see what had happened, and you subsequently reversed your ute slightly to allow an inspection of any damage and both of you took photos of the vehicles. There is no dispute that there were communication difficulties between you and Mr Xie. Mr Xie attempted to ring his son to assist but before he could connect, he said you pointed to the side road, being Solana Court, and he thought you were wanting him to drive to the side road to get the issue resolved. In first your interview with Police you confirmed that this was indeed what you had indicated.

[6] However, when you started driving you did not enter Solana Court. Instead, you continued to drive along Cascades Road so as to turn right into Botany Road at the next set of traffic lights. Thinking you were trying to get away Mr Xie and Ms Liang followed you in their car and came to a halt close to your vehicle but in the next lane on the right.

[7] While the cars were stopped Ms Liang, got out of her car and approached your vehicle until she was standing next to your driver’s door. She knocked firmly on your window in an apparent effort to get your attention. When the traffic lights turned green but while your ute was still stationary, Ms Liang got on to onto the running board of your vehicle.

[8] When traffic ahead of you began to move, you started driving with Ms Liang on the running board and trying to hold on to your partially open front window. Your defence, and what you explained to Police, was that you did not know she was there until you reached the far side of the intersection. The jury clearly did not accept…

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 Williamson

Details

AGLC: R v Williamson [2024] NZHC 3670
Case: [2024] NZHC 3670
Decision Date: 3 December 2024

CaseChat Overview and Summary

In the High Court of New Zealand, Auckland Registry, Anthony David Williamson was sentenced for the manslaughter of Liang Miaoyuan, who died after falling from his vehicle. The court heard that Williamson was involved in a minor accident with the victim's husband, Mr Xie, and despite communication difficulties, both parties attempted to inspect the damage. However, Williamson drove off without resolving the issue, with Liang subsequently climbing onto his vehicle's running board. Despite her attempts to get his attention, Williamson drove off, leading to Liang's fatal fall. The court found that Williamson's decision to drive off with Liang on his running board constituted a significant departure from the standard of care expected of a competent and reasonable driver.

The legal issues before the court included determining the appropriate starting point for sentencing, considering aggravating and mitigating factors, and assessing personal circumstances. The court considered various aggravating factors, including Williamson's prohibited driving status, Liang's vulnerability, and the extent of his dangerous driving. Comparable cases were examined to set a starting point, with the court concluding that the case was similar to, but more serious than, certain precedents. After considering mitigating factors such as Williamson's remorse, offers of reparation, and rehabilitation efforts, the court determined that no discounts were warranted. The final sentence imposed was four years and six months' imprisonment, with an additional two-year disqualification from driving upon release.

Orders