An 18-year-old learner driver who crashed while fleeing police at about 140km/h and killing a passenger has been jailed for three-and-a-half years.
Police were called to a report of illegal street racing activity in Fernside, North Canterbury, just before 4.45am on September 17 last year.
Canterbury rural area commander Inspector Peter Cooper earlier said the car fled the scene and police pursued the vehicle for a time but stopped “due to the manner of driving and the urban environment”.
The car was found shortly after, crashed into the side of a home on McIvor Place in Rangiora after hitting a tree.
One of the four in the vehicle, Zara Mitchell, 18, died at the scene.
On Tuesday, Adam Michael Rapson was sentenced in the High Court at Christchurch by Justice Rachel Dunningham after earlier pleading guilty to several charges including manslaughter, two charges of dangerous driving causing injury, failing to stop for police, being an unaccompanied learner driver and driving a vehicle issued with a non-operation order.
Mitchell’s mother, Anna Mitchell told the court her daughter started her life as a “tiny fighter”, who would overcome anything life threw at her, including serious health issues as a baby.
She was a “real mother hen” of her three siblings and could always be found doting on them and making sure they didn’t get into trouble “unless she helped cause it”.
Zara “loved with her heart and her arms wide open,” Anna Mitchell said.
Anna Mitchell said they forgave the “stupid choice made by a friend”.
“I stand here today in support for Adam, as I know Zara would’ve wanted … Adam made a choice that night, just as Zara did to get into a car.”
Rapson had shared his remorse for what happened, “the soul-crushing guilt he faces daily”. He had also given the family his savings to help pay for the funeral.
“He’s taken responsibility for his actions,” she said, including writing a letter for the family.
“I believe Adam has hit rock bottom now, the choices he made that night he has to live with for the rest of his life.”
Mitchell’s sister, Tayla, said growing up with Zara was a “privilege”.
She said Rapson had “shown nothing but honesty, remorse and respect”.
Crown prosecutor Will Taffs said there was not one single event, but a “series of aggravating features” that led to the crash.
He said Rapson should not have even been driving the car because he was on a learner’s licence, had a significant amount of cannabis, and shouldn’t have been driving a car that was not roadworthy. He also shouldn’t have been driving two hours after being given a direction from police that it was unroadworthy, and then initiating a police pursuit and driving in the manner he was turning the lights off and speeding.
The Crown asked for a starting point of seven to eight years’ imprisonment.
Rapson’s lawyer Kerry Cook said the teen asked him to apologise on his behalf publicly.
“Zara did not deserve to die, her family didn’t deserve to suffer the unimaginable pain.”
He said he didn’t deserve their generosity, but he was grateful to receive it. Cook said a starting point of six years was more appropriate.
Justice Dunningham told Rapson that Mitchell’s family had shown an “amazing capacity for understanding and forgiveness”.
She said there were several aggravating factors, including driving at excessive speed and disobeying the order from police to go home hours earlier, as well as being on a learner’s licence.
“These actions were inherently dangerous to you and other road users.”
She said a starting point of seven years was appropriate and made reductions for his guilty plea, youth and remorse bringing his sentence down to three-and-a-half years.
According to the summary of facts, Rapson, who had a learner’s licence, was driving a car in Christchurch and North Canterbury in the early hours of September 17.
He had consumed cannabis throughout the day and had 3.0-5.4 nanograms of cannabinol THC in his system. This cannabis use placed the defendant in the “high risk” category, the summary of facts said.
The three victims were in the car and were not wearing seatbelts.
At 2.18am police stopped the car on Carmen Rd, Christchurch. At this stage, Rapson was driving the car, with none of the passengers holding a current licence.
“The vehicle had a piece cut out of the bonnet, cracked wheel rims, and appeared to have been pieced together with parts from unknown vehicles,” the summary said.
The car had no VIN plate, registration sticker and the Warrant of Fitness sticker had been scratched off.
Police issued the car with a non-operation order, and ordered Rapson to drive the car by the most direct route to an address in Christchurch at no more than 50km/h.
Police also informed Rapson of the dangers of driving with a cracked wheel rim.
Rapson failed to comply with police directions and continued to drive around Christchurch before travelling north out of the city with multiple other vehicles about 3.35am.
About 4.30am, Rapson and several of his associates, including the three victims, were parked near the intersection of Oxford Rd and Swannanoa Rd in Fernside, North Canterbury.
The group had jacked up the rear of the car to change one of the rear tyres.
Police arrived at the intersection, as there had been reports of vehicles doing burnouts in the area.
Rapson and the three victims saw police had arrived, dropped the jack and got into the vehicle.
Rapson then drove in an easterly direction on Oxford Rd, towards Rangiora.
Police then discovered his car had been issued with a non-operation order and followed the vehicle, turning their red and blue lights on.
Rapson increased his speed and attempted to flee from the police and kept driving with his lights off.
Police liaised with the Southern Communications Centre, who terminated the pursuit.
Rapson continued to drive between 167 to 178km/h in an easterly direction on Oxford Rd, where it entered a 50km/h zone. He then lost control of the car near the intersection of Oxford Rd and McIvor Pl while driving about 140km/h.
The car left the road lost control, and crashed into an address on McIvor Pl, colliding with a large tree at the front of the property as well as the fence and an exterior wall.
Mitchell, who was seated in the rear left of the car, died at the scene. A 19-year-old suffered a gash to his head and a minor injury to his foot.
A 16-year-old, who was sitting in the rear right of the car had sore ribs, bruising to his legs and an injury to his knee.
When spoken to by police, Rapson said he was worried about getting stopped so he turned his lights off, accelerated away from police and was driving a lot faster than the speed limit before the crash.
Sam Sherwood is a Christchurch-based reporter who covers crime. He is a senior journalist who joined the Herald in 2022, and has worked as a journalist for 10 years.