Killer drivers may soon face life imprisonment

Press, 24 October 1989, Page 2

Killer drivers may soon face life imprisonment

PA Auckland The Minister of Transport, Mr Jeffries, says he is looking at introducing a life sentence for the offence of dangerous driving causing death.

A Labour Day week-end crash a year ago in which a drinkdriver caused the death of a Pakuranga couple partly led to his investigation. A High Court judge, Mr Justice Sinclair, called the crash, in. which the driver had a bloodalcohol count double the legal limit and was travelling at 150km/h, “one of the most horrific accidents that has happened in the streets of Auckland.” The 21-year-old drink-driver, Wayne Banks, who caused the death of the Pakuranga couple, Ron and Anne Compston, was initially charged with manslaughter, which carries a maximum penalty of life imprisonment. But after an application from his defence lawyer, a High Court judge, Mr Justice Thorp, ordered those charges be dropped. Instead, Banks admitted two charges of reckless driving causing death and two charges of driving with an excess blood alcohol count causing death. The maximum penalty for those charges, which come under

the Transport Act, is five years imprisonment and/or a fine of up to $6OOO. Banks was sentenced to 4 1 /, years in prison. Mr Jeffries said he “intends to investigate removing the anomaly where the penalty for dangerous driving causing death with a vehicle is less than the potential penalty for manslaughter.” An increase in penalty to life' imprisonment for causing death by dangerous driving is one of the options. He said cars should be no different when considering murder or manslaughter charges for unlawful acts. His tougher stands follow public concern over traffic deaths, including an accident in which a 13-year-old Titirangi boy, Michael Douglas Jones, drove a car which crossed the southern motorway median strip and killed the passenger of an oncoming car. The police decided, because of his age, not to charge him. Mr Jeffries said people in the 10 to 14-year age group could be charged for crimes of man-

slaughter or murder and the decision to prosecute lay with the police or the Solicitor-General’s office. “From the Government’s point of view — and it is becoming the view of the public — the idea that death or injury caused by a

car is somehow special or different and reduces criminal responsibility, is not acceptable,” he said. “The car is a potential weapon and the consequences of misuse, leading to death or injury, must be faced up to.” He said the Court of Appeal had expressed some reservation as to whether the charge of manslaughter was appropriate in cases where the guilty conduct was not essentially “criminal” in nature and when the Transport Act provided a more suitable framework for prosecution. “It appears that the public view now is that the offence of causing death by means of a motor vehicle is being regarded as requiring more serious attention.” Mr Graham Compston, whose brother was killed in the Pakuranga crash, said: “I believe law and order will be the major issue for the next General Election. “So I hope this is a genuine attempt by the Minister to strengthen the penalties and not just another red herring.”