Waenga v The Queen

[2018] NZHC 865

IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

I TE KŌTI MATUA O AOTEARO TE ROTORUA-NUI-Ā-KAHU ROHE

CRI-2017-463-000053

[2018] NZHC 865

BETWEEN

KAAMA TETAKOREE WAENGA

Appellant

AND

THE QUEEN

Respondent

Hearing:

10 April 2018

Appearances:

F Wood for the Appellant

N Tahana for the Respondent

Judgment:

30 April 2018

JUDGMENT OF HINTON J

Solicitors:

Tompkins Wake, Rotorua Gordon Pilditch, Rotorua

KAAMA TETAKOREE WAENGA v R [2018] NZHC 865 [30 April 2018]

[1]                  This is an appeal of a sentencing decision under s 270 of the Crimes Act 1961, brought on the basis that the starting point was too high.

Factual background

[2]                  On 8 July 2017, at approximately 4.20 pm, Mr Waenga drove a Subaru motor vehicle, belonging to his partner, north along State Highway 5 towards the Ngongotaha roundabout. It was winter, the road was wet and the sky was overcast. There was a reasonably heavy flow of traffic in both directions.

[3]                  Mr Waenga was observed driving down the centre of the road, overtaking vehicles headed north, for approximately 600 metres.

[4]                  Upon reaching the Ngongotaha roundabout, while travelling at a speed estimated between 100 and 120 kilometres per hour, Mr Waenga directed the vehicle onto the wrong side of the road, into the path of oncoming traffic. Coming towards him were four vehicles containing nine people, including 4 children.

[5]                  In the first vehicle was Mr Bruno Pedrosa, a Brazilian tourist and his German passenger. The vehicles collided, though Mr Pedrosa managed to swerve to the left, avoiding a more serious collision and was uninjured. The collision tore a front wheel from Mr Waenga’s vehicle and it became airborne.

[6]                  Mr Waenga’s vehicle continued towards Mr Shane Gilbert’s Mercedes Benz motor vehicle. Mr Gilbert had his two young children in the rear of the vehicle with him at the time. Mr Waenga and Mr Gilbert’s vehicles collided. Mr Gilbert’s vehicle spun off the road and onto the grass verge. The passengers were fortunately unharmed. Mr Gilbert’s vehicle suffered extensive damage and will be written off.

[7]                  It is testament to the speed at which Mr Waenga was travelling that his vehicle continued along  its  trajectory.  The  Mercedes  Benz  motor  vehicle  driven  by  Mrs Louise Gilbert, who was travelling just behind her husband, was struck next. Mrs Gilbert also had two young children  in  the  vehicle  with  her  at  the  time.  Mrs Gilbert’s vehicle was stationary at the time, but the force with which it was struck pushed it two metres. Mrs Gilbert’s vehicle will also be written off.

[8]                  Still Mr Waenga’s vehicle continued.  The  final  victim  to  be  struck  was Mr Neale  Kent,  who  was  driving  his   two-week-old   Subaru   motor   vehicle. Mr Waenga’s vehicle bounced off the front of Mr Kent’s and finally came to a rest by a stop sign. Mr Kent’s vehicle was moderately damaged.

[9]                  Mr Waenga, though injured with a fractured femur, fractured pelvis and dislocated hip, was abusive towards those present at the scene, including the emergency services staff. He…