R v Carter - [2025] NZHC 228

Sentencing for drug driving causing death to one victim and serious injury to another and other driving and drug offences; several aggravating factors engaged; defendant was driving under the influence of methamphetamine, cannabis and diazepam; defendant was engaged in a prolonged, persistent and deliberate course of very bad driving; driving was aggressive and highly dangerous; defendant was driving while distracted, sending texts and engaging in a 21 minute video call; these texts recorded he had previously crashed twice that morning and effectively bragging; defendant had little sleep the night before; defendant did not hold a licence and the car was not registered; driving killed one victim, being the passenger of the other vehicle, severely injured the driver and killed their pet dog.

HELD: starting point of six years' imprisonment for lead offence of drug driving causing death; five per cent uplift for previous driving convictions including those in Australia; 15 per cent discount for guilty plea; 12.5 per cent discount for background factors and rehabilitative potential; no discount for remorse or parental incarceration; end sentence of four years and eight months' imprisonment; disqualified for five years; no reparation order.