How a best traffic lawyer in Auckland

THE CASE FROM THE BEST Traffic Lawyer Auckland IN DISTRICT COURT

 

K MacNeil for the Crown

J Watson for Defendant

Judgment:  NOTES OF JUDGE K B de RIDDER ON SENTENCING

 

 Mr Cresswell, on 17 September you sought and received from me a sentence indication on two charges of operating a motor vehicle in a race causing death carrying, a maximum penalty of 10 years’ imprisonment, and one charge of operating a vehicle in a race causing injury, a charge that carries a maximum penalty of

five years’ imprisonment. After analysing the factors which in my view defined the seriousness of your offending and applying the relevant higher Court authorities dealing with sentencing for offending of this type, I gave an indication as to the sentences that I would impose in the event that guilty pleas were to be forthcoming in respect of these three charges. After due consideration of the indication I had given, you

subsequently entered guilty pleas to these three charges and you are now for sentence. I direct at the outset that a copy of my notes from my sentence indication of September be attached to the sentencing notes for this sentencing exercise today

[editorial note: sentencing indication notes not attached].

[2] The charges arise from an incident on 17 February when, for a distance of some 10 kilometres, you engaged in a race with the driver of another vehicle. The incident had its beginnings in what might be described as a type of competitive road rage.

You obviously took some exception to this other driver who initially tried to pass you. You prevented that by crossing the centre line, but a short while later, the vehicle then passed you, to which you obviously took further exception, and you commenced pursuing this other vehicle at speed, both of you at one stage passing other vehicles, again at speed, in respect of the second vehicle estimated to be something in the

vicinity of 120 to 130 kilometres. After passing that second vehicle, the vehicle that you were chasing moved back into its correct lane, but you stayed on the wrong side of the road, increasing your pace, attempting to pass this vehicle you were chasing.

[3] In my view, this was a catastrophe waiting to happen, and tragically, it did. I described this driving in my sentence indication notes as being prolonged, persistent and a deliberate course of very bad driving. I go further to categorise the driving as a classic case of senseless and mindless driving where you were determined to.