R v Kimber - [2025] NZHC 1906

Sentence of three years and six months’ imprisonment and three years’ disqualification from holding or obtaining a driver licence from date of release imposed for two charges of manslaughter (Crimes Act 1961, ss 150A, 156, 160(2)(a), 171 and 177; and Land Transport Act 1998, ss 7 and 8.

Defendant had struck and killed two pedestrians at a red-light controlled crossing with his motorcycle. Relevant features of offending (Gacitua v R [2013] NZHC 234) greatly excessive speed, failing to stop for traffic signal, previous convictions for motoring offences, more than one person killed as a result of the offence, and genuine shock and remorse.

Held, although conviction for manslaughter, culpability most similar to Mitai v R [2021] NZHC 3216 (excess breath alcohol causing death and excess breath alcohol causing injury). For practical purposes in this type of case, the actual charge makes no difference (R v Elliot and Chad [2014] NZHC 214 at [19]; and Gacitua at [22].)

Starting point of four years’ imprisonment adopted. One year uplift applied for driving conviction history. 25 per cent discount applied for remorse and rehabilitation. 10 per cent discount applied for personal factors. One month credit given for one year and seven months spent on bail with nighttime curfew.

No minimum period of imprisonment applied.

End sentence of three years and six months’ imprisonment imposed. Defendant disqualified from holding or obtaining a driver licence for three years from date of release.