Attempted murder carries a maximum sentence of 14 years in prison.
Emergency responders were called to a crash on Manukau Rd in Epsom at about 2.05pm on January 25, 2022, where they found Bell and the two badly injured girls. The victims were taken to Auckland Hospital — one with multiple broken bones and having hit her head on the windshield.
Neither victim chose to attend today’s hearing but indicated to the judge that the incident has had lasting effects on them, both physically and emotionally.
Defence lawyer Paul Borich, KC, said during today’s hearing that his client wanted to reach out to the victims to “reassure them this was an entirely random thing” — not the result of animosity towards them specifically.
“He wanted to express his deep and sincere apology,” Borich said. “Words cannot express how sorry he is.”
Borich described his client at the time of the crash as having been in a place of despair and hopelessness, and dealing with it with “the grossest immaturity one could imagine”.
But Bell has worked at rehabilitation, including alcohol and mental health counselling, since shortly after the crash, Borich said. A probation officer was impressed enough with his commitment to change that home detention was recommended, even though that would be unrealistic, he added.
The Crown, meanwhile, described the crash as “senseless violence” that “by a matter of luck rather than design” didn’t result in a double-murder case.
Justice Venning said he accepted that Bell was remorseful but did not think his reported attempt to kill himself in the same crash reduced his culpability.
“You could have driven into a lamppost or a tree if that was your aim,” the judge said.
“You said you had previously fantasised about killing people.”
Had the case gone to trial, the Crown would have likely had a strong case, the judge noted. But he also noted that some of what Bell told police would likely have not been allowed at trial.
Justice Venning opted to suppress a transcript of the police interview at the request of the defence. The Crown opposed the application.
SUICIDE AND DEPRESSION
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