A drive on State Highway 1 in a vehicle with no number plates turned into a police pursuit of more than 60 kilometres across South and Mid-Canterbury at speeds exceeding 150kph.
Rowan Bradley Raymond Kennedy’s offending on March 22, 2023, was described as “quite staggering” by Judge Campbell Savage, as the 28-year-old appeared for sentencing on Wednesday in the Timaru District Court on charges of driving in a dangerous manner and failing to stop for police flashing lights.
“Police saw you and wanted to talk to you about the plates … at that point right there and then you should have stopped … this is right up there with bad driving,” Judge Savage said.
Kennedy’s bad decision-making started in Winchester, 24km north of Timaru, about 2.15pm.
When police activated their lights Kennedy accelerated north on SH1 away from police, who had to complete a U-turn.
“The defendant could be seen in the distance, driving at speed and overtaking vehicles in a dangerous manner, at least two vehicles had to take evasive action,” the Summary of Facts said.
Traffic build up meant police could only close to about 300m on the highway, before Kennedy turned left onto the rural Arundel Belfield Rd where police followed at speeds in excess of 150kph for approximately 4km.
Kennedy then disappeared into a cloud of dust when the road turned to gravel and police, with lights and siren still activated, did not follow.
“The defendant’s vehicle then re-emerged from the dust and drove at speed towards the police patrol, avoiding contact by approximately 1 metre.”
Police abandoned the pursuit as Kennedy neared the SH1 intersection again, and he headed north towards Ashburton. A short time later the patrol made an effort to “maintain some sort of observations on the defendant, however, due to his speed and nature of driving, this was unable to be done”.
Police in Ashburton were alerted and Kennedy was spotted entering the town at 2.40pm, initially driving at 50kph.
Police deployed “tyre deflation devices” and Kennedy’s vehicle drove over two of them at the northern end of the Ashburton River bridge, having driven on the wrong side for about half the length of the 500m bridge.
Kennedy continued to drive north on SH1 on the four deflated tyres with police closing the South St intersection before he turned into Moore St and then Park St where Ashburton Borough School is located and onto Havelock St. Kennedy eventually lost control of the vehicle, crashing into a kerb on Winter St where he was apprehended.
Kennedy’s lawyer John Black claimed his client had “diminished responsibility due to conditions he suffers from”.
Black, in saying his client had four previous related driving convictions, said the “certain conditions” (not revealed in court) suffered by Kennedy “are the main identifying related factors in his offending” with the condition having a direct effect on decisions he made on March 22.
Black described it as “black and white patterns” meaning once Kennedy commits to a course of action it was very difficult to stop him.
“He panicked when he saw the police car was about to stop him.”
Black said Kennedy also had “fear and paranoia” in relation to police following an earlier occasion when he ended up being arrested after being asked to volunteer a statement.
“(That) contributed to his panicked decision to keep driving that day.
“He really just wanted to get home and felt very, very scared when he saw the police car.”
Black said his client accepted the Summary of Facts and the aggravating features – the extended period of time of the incident, the area covered and damage to the police vehicle – could not be denied.
Police prosecutor Dave Ellis submitted that a period greater than the usual disqualification was appropriate with “the risk posed to police staff, other road users and the public in general”.
“My submission is this is at the top end (of offending).”
Judge Savage said the maximum penalties of three months’ jail and a fine would tend to suggest these charges are not viewed that seriously by legislature.
“But when you look at the conduct you are guilty of, it is quite staggering because the risk you posed to yourself, and everybody else in that environment at the time, cannot be understated.”
Judge Savage accepted the defendant had “personal quirks” that meant he saw things in black and white.
“I’m concerned that you put yourself in an environment where you were put under pressure, and you made decisions like this that led to your behaviour.”
Kennedy was sentenced to nine months’ supervision and 120 hours community work, and disqualified from driving for 15 months.
