Motorcyclist Sentenced for Manslaughter in Deaths of Pedestrians Karen and Geoffrey Boucher
A New Zealand man has been sentenced to three years and six months’ imprisonment for the manslaughter of a couple struck and killed by his motorcycle in July 2022. Mark Gregory Kimber, 60, was found guilty following a three-week High Court trial in Rotorua, with the central question being whether his dangerous driving constituted a “major departure” from the standard of care expected of a reasonable motorcyclist.
Karen and Geoffrey Boucher died at the scene after being hit while crossing State Highway 2. The tragedy has left their family grappling with profound grief and a “lost dream” of building a home with their two adult children.
Justice Cheryl Gwyn detailed Kimber’s extensive driving history during sentencing, revealing previous convictions for careless driving, speeding, drink-driving, dangerous driving, failing to stop, and driving while suspended. These prior offenses were deemed relevant to the manslaughter charges. Further compounding the severity, the judge noted Kimber had committed two additional speeding offenses since the Bouchers’ deaths.
Kimber’s criminal history extends beyond traffic violations, with appearances in court “every few years” since 1981 for offenses including drugs, violence, dishonesty, and weapons charges, often linked to “interpersonal disputes” within the Filthy Few motorcycle gang. He is described as an “honorary and lifetime member” of the gang, though court material indicates he has largely distanced himself since the death of his 21-year-old daughter in 2013. He has previously served six prison sentences, the longest lasting six and a half years.
The court also heard details of Kimber’s difficult upbringing, marked by neglect and instability. He “largely had to fend for himself,” raised by parents who struggled with heavy drinking. At age 10, his mother left him with his father, who frequently left him alone on a farm for extended periods – sometimes “weeks at a time.” Defense lawyer Ron Mansfield, KC, successfully argued a “causative link” between Kimber’s challenging childhood, his gang involvement, and his disregard for authority.
Despite the gravity of the offense, Justice Gwyn acknowledged Kimber’s demonstrable efforts toward rehabilitation and expressed remorse. She was “greatly encouraged” by letters of support detailing his involvement with a church, addiction services, and mentoring programs. Kimber had also attempted to offer the Boucher family $10,000 in emotional harm reparation, an offer they declined, also refusing to hear his apology read in court. However, the judge considered both gestures as genuine expressions of remorse.
“They indicate you have taken responsibility for the harm you caused and have tried to make amends for that,” Justice Gwyn stated. She noted the consistent theme in the letters of support, describing Kimber as a man with a “tough exterior” who is, at heart, “kind and compassionate” and possesses “a lot of potential to make a real and lasting difference.” The judge believed continued rehabilitation offered the best path forward for community safety.
However, the judge balanced these mitigating factors against the devastating loss of life and the “profound and palpable” grief experienced by the Boucher family. Victim impact statements, while not read aloud, revealed the couple were described as “hard-working and family-oriented,” and their deaths had created both immediate and long-term hardship for their loved ones.
The sentencing followed a stark disagreement between the Crown and the defense regarding the appropriate punishment. Crown prosecutor Ian Murray advocated for a starting point of eight years and six months, while Mansfield argued for three years and six months, citing significant mitigating circumstances. Murray highlighted Kimber’s dangerous driving on the night of the incident – reaching 110km/h in a 50km/h zone – as part of a “pattern of highly dangerous driving over a lifetime.” Justice Gwyn, however, disagreed with the characterization of a “prolonged, persistent and deliberate course of very bad driving,” based on her review of CCTV footage.
Ultimately, the judge settled on a starting point of four years, adding one year for his prior driving history and applying discounts of 25% for rehabilitation and remorse, and 10% for his background. In addition to the prison sentence, Kimber will be disqualified from driving for three years upon his release. The judge rejected requests from the Crown to seize Kimber’s Harley Davidson and impose a minimum period of imprisonment.
Hannah Bartlett is a Tauranga-based Open Justice reporter at NZME. She previously covered court and local government for the Nelson Mail, and before that was a radio reporter at Newstalk ZB.
