Is a maximum five years enough?

Photo by APN. Proof that a photo is worth 1000 words.

Anna Leask at NZ Herald reports:

An Auckland mother has admitted driving under the influence of methamphetamine and causing a crash that killed her 12-year-old daughter and injured a heavily pregnant woman in another car.

Toni Ericksen, 33, was scheduled to stand trial this week for driving under the influence of drugs causing the death of Bryer Rose Greenwood, the eldest of her two daughters.

She originally pleaded not guilty however the Herald has learned that she changed her plea to guilty on August 21.

Ericksen also admitted injuring her 8-year-old daughter Gemma Greenwood and another motorist in the same crash while under the influence of drugs, and being an unlicensed driver driving while prohibited. …

On August 14 Ericksen’s lawyer Peter Kaye indicated the defence was almost ready to proceed to trial. Expert witnesses were expected to give evidence about the crash analysis and the blood-alcohol and blood-drug test results.

Mr Kaye did not respond to the Herald yesterday and Ericksen could not be reached for comment.

When she first appeared in court she was supported by the president of the Auckland chapter of the Hells Angels gang, Douglas Jay, believed to be her current partner. Afterwards her then-lawyer Ron Mansfield said Ericksen had suffered a “tragic loss”. …

Ericksen will be sentenced on November 30. The maximum penalty for killing a person while driving under the influence of drugs is five years in jail or a fine of $20,000.

To drive under the influence when you have your kids in the car is just appalling. I really wonder if five years is an adequate maximum sentence for this so preventable loss of human life.

Could one of our lawyers help me. As I understand it, Police can also charge manslaughter in some situations. What are the criteria that decide which charge to use – manslaughter or “killing a person while driving under the influence …”?