Fatal crash driver appeals sentence
AN Oamaru man who caused a fatal crash and asked to be sent to jail has appealed the length of his prison term.
Warrick Delaney Taylor (23) had smoked cannabis on June 3 last year before driving a friend home from Dunedin.
While behind the wheel of his friend’s unwarranted, unregistered car, Taylor veered across the centre line and crashed headon into a vehicle driven by 64yearold Kaikoura man Stuart Ernest Windle, who was leading a convoy travelling to a car rally. Mr Windle died at the scene. Taylor was charged with careless driving causing death and five counts of careless driving causing injury.
He was jailed for five months when he appeared in the Dunedin District Court last month and his counsel Andrew Dawson said Taylor considered imprisonment the right outcome.
‘‘He believes that would be a fair result for what he’s done,’’ he said.
But Taylor clearly did not believe the period of imprisonment was justified.
He appealed the length of the sentence on two grounds: Mr Dawson said Judge Kevin Phillips did not give Taylor credit for mitigating circumstances and he imposed cumulative sentences rather than concurrent.
One of the victims of the crash, Mark Beckett, who was travelling in the vehicle behind Mr Windle, said the appeal was ‘‘another kick in the guts’’.
‘‘The sentencing . . . was a slap in the face,’’ Mr Beckett said.
‘‘It’s definitely not reflective of the choices he made on the day. He was the one who chose to take drugs, to drive without a licence and to drive an unwarranted, unregistered car.’’
His primary issue was with the fact the charges did not acknowledge Taylor’s cannabis use.
Justice Rachel Dunningham, who heard the appeal, was quick to highlight the issue.
‘‘It’s no secret the difficulty in this one is the charges laid,’’ she said.
Had Taylor been convicted of more serious counts, it would have been years in jail, rather than months, Justice Dunningham said.
But Mr Dawson said the level of charges was one police took time to consider and they had sought guidance from national headquarters.
He believed Judge Phillips erred in failing to discount Taylor’s sentence, particularly for his guilty plea and the fact he fronted up at a restorative justice conference.
‘‘He knew [the victims] were unhappy with the charges filed by the police and knew he was likely to get a pretty hostile reception,’’ Mr Dawson said.
Referring to case law, he said any sentences imposed for the six charges should have run concurrently, meaning Taylor should have faced a maximum of three months in jail.
With credit for mitigating factors, Mr Dawson said that should come down to about two months.
Crown prosecutor Richard Smith, however, said the judge acted within the bounds of the Sentencing Act.
He conceded Judge Phillips’ decision to impose cumulative sentences was ‘‘unusual’’ but argued there was nothing to stop him from doing so.
‘‘This is as bad as it gets for careless driving causing death,’’ Mr Smith said.
Justice Dunningham reserved her decision.