Sentence reduced

Press, 19 February 1983, Page 4

Sentence reduced

A member of the Highway 61 gang who rode a motorcycle at high speed the wrong way up a one-way street and crashed killing his pillion passenger and losing a leg, had his sentence of nine months imprisonment reduced on appeal to six months by Mr Justice Hardie Boys in the High Court yesterday. John Rang! Mika, aged 25. was jailed for nine months by Judge Paterson in the District Court last November on a charge of dangerous riding of a motor-cycle and causing the death of Peter James Gaby on Madras Street on January 9. 1982. Mika's appeal was presented by Mr M. J. Knowles, and Mr A. M. Mclntosh appeared for the Crown. Mr Justice Hardie Boys said that about 11.25 .p.m. on Saturday. January 9. 1982. a traffic officer set off in pursuit of a group of motorcyclists heading from Kaiapoi to Christchurch because some of them were not displaying proper lights.

The motor-cyclists refused to stop and proceeded on their way at times at an excess!ve speed and more than once on the incorrect side of the road. The traffic officer summoned help and continued to follow them into Christchurch, although for a time he did not have them in sight because they went' along the motorway and he travelled on the old Main North Road. Other traffic officers joined in the chase but the motor-cyclists still refused to stop. They travelled at a considerable speed and at times on the wrong side of the road along Cranford Street, through red lights at the Innes Road intersection, across Bealey Avenue and went the wrong way up Madras Street which was a one-way street for northbound traffic. Oi} Madras Street three

traffic patrol cars with flashing red lights travelled close behind the four motorcyclists. The over-all speed w'as slower than before but it was still considerable. Some cars travelling north along Madras Street saw the red flashing lights and moved to the side of the road, his Honour said. Unfortunately, as one. a taxi was doing so — moving to the left — Mika's motorcycle tried to pass between the taxi and the kerb. There was a collision. The left side of the motorcycle struck the left front of the taxi a glancing blow. The motor-cycle came to rest in the gutter a little north of the Peterborough Street intersection, some 30 metres from where the taxi stopped. Mika was found lying in the gutter about four metres further on. His left leg had been severed. Mr Gaby was spreadeagled face down on the footpath. Dealing with the submission that the evidence did not disclose dangerous driving his Honour said that he had no doubt whatever, that this was dangerous driving in the proper sense of there being a real likelihood or a real risk of injury or damage. The appeal against conviction was dismissed. Mika had an admirable record as a worker and sportsman. He had no previous convictions and appeared to be coping well with the care of a three-year-old child. He had suffered greivously in the accident, not only in his permanent grave physical disability, but also as regard his potential as a sportsman. As against the favourable considerations there were the circumstances of the offence. Mika and the other motor-cyclists were endeavouring to avoid being stopped for what was a relatively minor offence. "I do not know whether thev were demonstrating an

open detian.ee of the law and a contempt for enforcement officers, or merely the wild excitement of the chase that caused them to throw all prudence and sense to the winds. “Whatever it was I would be very surprised, having retard to Mika's personal character, if he would have behaved like this had he been on his own. I suspect this may have been a manifestation of the undesirable aspect of the gang spirit, whereby everyone becomes infected by a general mindlessness and havoc results,” said Mr Justice Hardie Boys. He agreed with Mr Knowles that the District Court judge might have put the matter a little highly when he said that Mika's behaviour and that of his colleagues amounted to a virtual taking charge of the streets of Christchurch. Even so the driving was appalling. It was very fortunate that there was not even greater injury. The case called for the balancing of the public interest against the individual interest. Carnage on the roads called for strong measures from courts. "I think the public conscience would be sorely offended if driving of this kind did not attract a sentence of imprisonment. I therefore consider the District Court judge was right in rejecting the plea for a communitybased sentence." said His Honour. The sentence of nine months on a first offender with Mika's record might seem excessive. A significant factor was the severe injury Mika had suffered which would be a life-long punishment. After a great deal of reflection he had come to the view that insufficient weight was given to that factor by the District Court Judge who might have over-emphasised the gang aspect of the driving. * ..