IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY
I TE KŌTI MATUA O AOTEAROA WHANGĀREI-TERENGA-PARĀOA ROHE
CRI 2021-488-12
[2021] NZHC 1028
BETWEEN PHILLIP LANCE TAKIMOANA
Appellant
AND
THE QUEEN
Respondent
Hearing: 3 May 2021 Appearances:
D Blaikie for Appellant
R Annadale for Respondent
Judgment:
10 May 2021
JUDGMENT OF DUFFY J
This judgment was delivered by me on 10 May 2021 at 2.30pm.
Registrar/ Deputy Registrar
Solicitors/Counsel:
D Blaikie, Barrister, Kaikohe Crown Solicitor, Whangarei
TAKIMOANA v POLICE [2021] NZHC 1028 [10 May 2021]
[1] The appellant, Phillip Takimoana, pleaded guilty in the District Court to three driving charges: dangerous driving causing death,1 failing to stop and ascertain injury and render assistance after an accident where a person has been killed2 and driving while disqualified.3 On 15 February 2021, Judge Shortland sentenced Mr Takimoana to two years, two months’ imprisonment.4 He now appeals against this sentence on the basis the sentencing Judge erred in imposing the sentence and a different sentence should be imposed.5
Facts
[2] The victim of the offending, Ms Ruffiner, and Mr Takimoana had been in a relationship for six years. The events which led to Ms Ruffiner’s death happened on 6 November 2019. That evening she collected Mr Takimoana from the AFFCO works at Moerewa, where he had finished a 10 hour shift, and drove to the Ōhaeawai Hotel, where they lived. At the time Mr Takimoana was disqualified from driving. On 31 October 2019, just under a week earlier, he was convicted of driving with excess breath alcohol.
[3] Shortly after their arrival at the hotel the couple began arguing. Ms Ruffiner wanted to socialise with Mr Takimoana in the hotel bar; he was tired after a long shift at work and wanted a quiet night. She had already been drinking alcohol; he had not. The argument reached a point where Mr Takimoana felt he had to leave. He took the car keys, left the hotel and went to the car, which was parked in the rear carpark. Once in the car he started the engine. Ms Ruffiner, who was on her way out of the hotel, heard the car start and responded by going to the car and climbing on its bonnet to prevent Mr Takimoana from driving off. She moved up on to the roof of the car. Despite her actions Mr Takimoana drove off while she was on the roof of the car. He first turned out of the carpark onto State Highway 1 and then immediately turned right into State Highway 12. Ms Ruffiner remained on top of the vehicle.
1 Land Transport Act 1998, s 36AA(1)(b). Maximum penalty: ten years’ imprisonment or fine of
$20,000.
2 Land Transport Act 1998, s 36(1)(c). Maximum penalty: five years’ imprisonment or fine of
$20,000.
3 Land Transport Act 1998, s 32(1)(a). Maximum penalty (first or second offence): three months’ imprisonment or fine of $4,500.
4 R v Takimoana [2021] NZDC 2786.
5 Criminal Procedure Act 2011, s 250(2).
[4] What happened next was…
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