A High Court judge says Parliament should review the offence of reckless driving causing death, because the public attitude to culpable drivers has hardened.
Justice John Fogarty made the comment before sentencing Cassandra Mary Anderson to four years and 10 months' jail at the High Court in Invercargill yesterday.
The 24-year-old woman had earlier pleaded guilty to the motor-manslaughter of Lenore Jean Carr on September 14 last year.
Mrs Carr, 53, died when her 1995 Mitsubishi FTO and the Nissan Cefiro, driven by Anderson, ploughed into a tree in Queens Park, opposite the intersection of St Andrew St and Queens Dr at 3.30am.
Justice Fogarty said he recognised that Anderson "lost it" that night after she was assaulted by her partner. She was distressed and angry as she drove along St Andrew St, ramming Mrs Carr's vehicle twice before tailgating her at speeds of more than 100km/h, right until the crash.
But her bad driving was persistent and deliberate and would have been terrifying for Mrs Carr, he said.
Earlier, defence counsel Bill Dawkins read out passages of letters Anderson had written to Mrs Carr's family and to the judge. In them she described herself as a "monster' who felt guilt-ridden, disgusted and ashamed of herself.
Justice Fogarty used seven years' jail as a starting point, giving Anderson credit for her remorse, previous clean criminal record and early guilty plea. He said she had had a "rough" upbringing, but had made a considerable effort to get qualifications, get a job and live a productive life.
"All that has come to an end," he said before handing down the jail term and a five-year disqualification from driving.
But the judge said it had been difficult to sentence Anderson.
He said Parliament needed to look carefully at current legislation that offered a lesser penalty for the same offending - the offence of reckless driving causing death, with a maximum sentence of five years' jail.
"Since then the public attitude to the tragic deaths of innocent people has hardened. The public is simply appalled and angry at the deaths of innocent people like Mrs Carr."
Justice Fogarty said, as a result of the change in public expectation, judges were now regularly sentencing drivers in motor-manslaughter cases to terms of imprisonment well over five years.
- NZPA
