The King v Shane Leslie Amson - [2024] NZHC 2910

IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

I TE KŌTI MATUA O AOTEAROA WHANGĀREI-TERENGA-PARĀOA ROHE

CRI-2024-088-000296

[2024] NZHC 2910

THE KING

v

SHANE LESLIE AMSON

Hearing: 8 October 2024

Counsel:

KMM Soich for Crown

S Thode and MIA Creamer for Defendant

Judgment:

8 October 2024

SENTENCING REMARKS OF DOWNS J

Solicitors:
Crown Solicitor, Whangārei. Thode Utting, Auckland.

R v AMSON [2024] NZHC 2910 [8 October 2024]

The Judge addressed everyone at the beginning of the hearing:

Before the victim impact statements are read aloud, let me just say one or two things. Firstly, my name is Justice Mathew Downs. Unsurprisingly, I am the Judge. I welcome the whānau of Jaeden-Reign and I apprehend the parents of Mr Amson. I acknowledge today is a very difficult day for everyone in the courtroom. I cannot imagine what it would be like to lose a loved one through something like this, or to have a loved one in the dock. I thank you for your quiet participation and with that I will revert to the role I need to administer. Thank you so much.

Three victim impact statements were then read aloud, followed by submissions on
behalf of the Crown and Mr Amson.

Introduction

[1] Shane Amson, you are for sentence on two charges: manslaughter,1 and reckless driving causing injury.2 The first charge has a maximum penalty of life imprisonment; the second, a maximum penalty of five years’ imprisonment.

Facts

[2] Your offending occurred on the evening of 9 June 2023 from, or at or about, 7 o’clock. You were driving towards Whangārei on State Highway 1. You had been drinking. You had also consumed cannabis. You drove dangerously and recklessly for approximately three and a half kilometres. The best way to capture your driving is to recite some of the summary of facts:

The first witness saw the defendant’s vehicle ... and saw that it veered towards the centre line a few times. The defendant’s vehicle has then overtaken him and remained on the southbound lane passing a vehicle approximately 100 m ahead of him. The witness estimated the overtaking vehicle’s speed at about 140kph+.

The second witness said that he and the vehicle in front of him were also overtaken by the defendant’s vehicle and it was completely over double yellow no passing lines as it did so. The defendant’s vehicle pulled back into the correct lane between 50 – 100 m.

The third witness was travelling further ahead than the second witness. He said he was overtaken by the defendant’s vehicle after it had passed five or six vehicles behind him. The third witness had to brake to let the defendant’s vehicle get back into the lane in front of him, to avoid a head on collision with

1 Crimes Act 1961, ss 160(2)(a) and 171.
2 Land Transport Act 1998, s 36(2)(a).

an oncoming southbound vehicle. The utility then took off at high speed
which the witness estimated at 160-180kph.

The fourth witness, travelling ahead of the…

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.

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Details

Case: [2024] NZHC 2910
Decision Date: 8 October 2024

CaseChat Overview and Summary

In the High Court of New Zealand, Justice Mathew Downs presided over the sentencing of Shane Leslie Amson, who had pleaded guilty to charges of manslaughter and reckless driving causing injury. The case arose from a tragic road accident that occurred on 9 June 2023, in which Amson's reckless driving resulted in the death of Jaeden-Reign Mafi and serious injuries to his father, Victor Apoua. The court had to determine an appropriate sentence considering the gravity of Amson's actions, which involved driving under the influence of alcohol and cannabis, speeding excessively, and overtaking recklessly.

The legal issues before the court included the calculation of an appropriate starting point for sentencing, taking into account both aggravating and mitigating factors. Aggravating factors included Amson's intoxication, excessive speed, and the dangerous nature of his driving, while mitigating factors included his guilty plea, expressions of remorse, and some efforts toward rehabilitation. The court also had to balance these factors against the wishes of the victims' family, particularly Mr Apoua, who did not wish for Amson to be incarcerated.

Justice Downs reasoned that Amson's actions were particularly egregious, warranting a substantial term of imprisonment. After applying discounts for Amson's guilty plea, expressions of remorse, and rehabilitative efforts, the court determined an adjusted starting point of 46 months. An additional one-month uplift was applied due to Amson's criminal history, resulting in a final sentence of three years and 11 months for both charges, to run concurrently. Amson was also disqualified from driving for four years following his release from prison and ordered to pay $2,000 in reparation to Jaeden-Reign's family.

Orders