Sentencing for motor manslaughter (x 3), reckless driving causing injury and driving while disqualified – defendant drove car through railway barrier arms where it was hit by a train – three passengers died, fourth suffered serious injuries – assessment of aggravating factors – appropriate starting point – mitigating factors – minimum period of imprisonment – appropriate disqualification period

R v Sowerby [2025] NZHC 3870 per Downs J

In the early hours of 13 November 2024, Norton Sowerby (then aged 36 years) was driving a car in Hamilton. He was disqualified from driving at the time and serving a sentence of intensive supervision imposed for an earlier offence of driving whilst disqualified.

Sowerby had four passengers: William Brown, Shylin Huirama-Osborne, Sione Nusipepa and Te Orahinga Tumai.