Crown says road rage attack ‘racist’
A man jailed for pursuing a Chinese Kiwi family in a prolonged road chase should serve more time in prison because the attack was racially-motivated, the Crown says.
Fraser Milne was jailed for two years and six months by Justice Sally Fitzgerald in July, over the pursuit south of Auckland, which led to children being thrown from the car, leaving one with a cracked skull. He pleaded guilty to dangerous driving, injuring with intent to cause grievous bodily harm and four charges of injuring with reckless disregard to safety.
At the Court of Appeal yesterday, Crown Law lawyer Charlotte Brook said the sentence was ‘‘manifestly inadequate’’ and claimed Justice Fitzgerald gave excessive discounts to Milne.
The attack happened on March 4, 2018, when the family of four and a friend were on their way to go blueberry picking in Awhitu Peninsula, south Auckland.
The family are originally from China but have called New Zealand home for 18 years.
Milne, from Paeroa, was driving in the opposite direction, over the speed limit. As the vehicles approached each other on a hill,
Milne believed the other car had crossed to his side of the road.
Milne swerved to avoid the other car and drove into a drain and struck a fence, causing minor damage to his vehicle. This led to a high-speed chase and racist comments being made against the family.
Eventually, Milne rammed the complainants’ car, which hit a bank at speed and flipped. Two of the children, then aged 12 and 10, were thrown from the car during the crash. The 10-year-old’s skull was fractured. All five complainants were hospitalised and suffered moderate injuries.
Milne told police he wanted to get the victims deported and thought they were part of an Asian mafia.
At the appeal hearing, Brook said Justice Fitzgerald declined to take into account the fact the offending, ‘‘at least in part’’, was due to Milne’s hostility towards the victims’ race. Mark Ryan, acting on behalf of Milne, rejected the claim the attack was racially motivated.
Justices Forrie Miller, Simon Moore and Robert Dobson reserved their decision.