Almost murder, not manslaughter
Stuff reports:
A man forbidden from driving took methamphetamine hours before driving an unregistered, unwarranted car at more than 200kph, losing control and killing a dad of two.
Brydon Boyce, 43, on Friday admitted a charge of manslaughter in relation to a crash in Havelock North that claimed the life of Marco Milliaccio, a football-loving dad of a young son and daughter.
Boyce had been forbidden from driving since 2017. The car was not registered or warranted and was considered unwarrantable.
One of his mates was in the front passenger’s seat; the other was in the back seat. Neither was wearing a seatbelt. …
Two experts analysed the CCTV video. One expert calculated that the vehicle was travelling between 200kph and 250kph, and the other calculated an average vehicle speed of 214kph.
The crash investigators calculated Boyce’s speed at the time of the crash at 115kph. Milliaccio had been driving at between 36 and 49kph. Milliaccio’s car was pushed 19 metres backwards onto the grass verge as a result of the impact. …
When police searched his car they found 128.66 grams of methamphetamine packaged in 57 different sized plastic resealable zip lock bags and containers, stored in the boot of the vehicle. They also found 58.58 grams of cannabis plant in three resealable plastic bags, 2.59 grams of pseudoephedrine, $11,365 cash, a loaded pistol and ammunition.
He has pleaded guilty to the manslaughter of Milliaccio, two charges of reckless driving causing injury, possession of methamphetamine for supply, possession of cannabis for sale, possession of pseudoephedrine, unlawful possession of a pistol and unlawful possession of ammunition.
So he was driving high on meth at speeds over 200 km/hr in a car with no registration or warrant and was a banned driver. He killed an innocent person who was driving safely.
The recklessness in this case was so massive, I do wonder if he should have been charged with murder instead of manslaughter. The Crimes Act does say a homicide can be murder if:
if the offender for any unlawful object does an act that he or she knows to be likely to cause death, and thereby kills any person, though he or she may have desired that his or her object should be effected without hurting any one.
I think you can make the case the act of driving so fast was likely to cause death.
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