Prison term in fatality sequel

Press, 7 August 1982, Page 4

Prison term in fatality sequel

Prison sentences totalling six months were imposed in the District Court yesterday on a man whose driving while under the influence of liquor led to a collision with a parked nine-ton truck, and the death of one female passenger and permanent disability to another. Judge’ Pain told Douglas Michael Jones, aged 21, a car assembler, that his accident illustrated the carnage on the roads which compliance with the drink driving laws would avoid.

The defendant was appearing for sentence on charges of causing the death of Michelle Anne Bower and with causing bodily injury to Marley Olivia Lambert, by an act or omission while driving in McKenzie Avenue on April 9 with an excess bloodalcohol level.

He had previously admitted the offences, and was appearing for sentence. He received jail sentences of six months, to be served concurrently, on each charge and his- driving licence was cancelled for three years.

At his earlier appearance the Court heard that the defendant’s fiancee, Miss Bower, was killed and Miss Lambert suffered injuries which resulted in her being a paraplegic, and confined to a wheelchair for the rest of her life.

The defendant, whose alcohol reading was 178 milligrams, was in hospital for two weeks.

He was driving from a party. Mr M. J. Glue, in submission in mitigation of penalty, sought leniency and said the defendant was full of remorse at the result of his actions.

The punishment he had already suffered.. and would continue to suffer for the rest of his life, would be greater than the court could inflict.

Mr Glue said that every evening hundreds or perhaps thousands of motorists who were not fit to drive were on the roads and often got away with it. In the defendant's case the worst possible thing happened. He said the defendant’s alcohol level was not “astronomically” high — although it was quite high — and the defendant accepted that there were no redeeming features about the accident.

He regretted the consequences of his driving most profoundly. The Judge said the defendant assumed the known risk of driving when under the influence and must suffer the consequences prescribed by law.

Widespread flaunting of this legislation, which put many citizens in peril, called for deterrent sentences for serious offences. He said he did not overlook good aspects of the defendant's character, and his remorse, and the fact that the truck was parked facing the wrong way — although he should have avoided it. BURGLARY, ARMS CHARGE A man who burgled a house soon after his release on bail from court on a charge of unlawfully possessing a cut-down .22 calibre rifle was convicted of the two offences,' and remanded in custody to August 13 for sentence.

The defendant, Gary Earl Coulston, aged 23, unemployed, yesterday admitted the offences. Sergeant M. P. Caldwell said the firearms charge followed the police’s finding the weapon, which had been cut to 48cm in length, on top of a wardrobe' in the defendant’s bedroom. One hundred rounds of ammunition were also found in his room.

Sergeant Caldwell said in regard to the burglary that photographic equipment and other property worth $1143 were stolen from a house in Bryndwr. Counsel (Mr M. J. Glue) said the defendant claimed to have given a friend some cannabis for the weapon, which he had for his own protection, as “some groups"

were after him. The Judge, refusing bail, said the defendant had an alarming propensity for criminal offending. (Before Judge Fogarty) EXCESS ALCOHOL’

A motorist who was said by the Judge to be not blameworthy for a fatal accident in which a motorcyclist struck his car. but who had more than twice the permitted level of alcohol in his breath, was convicted of a drink driving offence.

The defendant. Thomas Westland Tainui, aged 44, a welder (Mr D. C. Fitzgibbon), admitted a charge of driving a motor vehicle in Wairakei Road on March 9 when the proportion of alcohol in his breath exceeded 500 micrograms, per litre.

He was fined $7OO and his driving licence was cancelled for 18 months.

Sergeant J. E. Dwyer said that at 8.20 p.m. on March 9 the defendant ws driving his car in Wairakei Road. At the Aorangi Road intersection, which was controlled by stop signs, he saw no vehicles or vehicular lights approaching or at the stop sign in Aorangi Road.

Half-way into the intersection his car was struck on the left side by a motorcyclist who was travelling through the stop sign. The motor-cyclist, John Wilson, suffered severe multiple injuries and died at the scene.

The defendant was seen to be unsteady on his feet, and smelt strongly of liquor, and a subsequent breath test showed a ratio of 1100 micrograms of alcohol per litre of breath.

The defendant. told police he had consumed a jug of beer at a tavern about 8 p.m. He had no previous convictions.

Mr D. S. Fitzgibbon said the defendant was not at fault in regard to the motorcyclist’s death. The motorcyclist had approached the stop sign at a considerable speed and the impact had thrown the chassis of the defendant’s car out of alignment.

Mr Fitzgibbon said the defendant had consumed several jugs of beer at a club that evening, but over a long period. The Judge said there was nothing to indicate that the defandant was in any way responsible for the death of the motor-cyclist. Evidence was that the motor-cyclist had proceeded through the stop sign, and some speed must have been involved. However, the. defendant's alcohol ratio had been extremely. high. DRUGS AT PRISON

A woman who had three types of drugs, and who gave a false name to authorities when visiting Addington Prison on June 19, admitted three charges of possessing class C controlled drugs. The drugs were secobarbital, amobarbital, and codeine.

The defendant, Gaynor Joy Broadhurst, aged 2i, unemployed (Mr P. H. B. Hall), was convicted of the three offences and was remanded at large to August 20 for sentence.

Sergeant J. E Dwyer said

the defendant had gone to the prison to visit an inmate on the afternoon of June 19. and wrote a. false name and address in the visitors’ book.

She was found to have a small number of white tablets in a pocket, and produced other tablets and capsules from a plastic bag in one of her boots. The tablets, on analysis, were found to be the three class C drugs involved in the charges. The defendant told police she had been offered ' the drugs from an unknown person in Cathedral Square. They were for her own use and not for an inmate in the prison. CURFEW ON YOUTH A youth whois to be sentenced on August 20 for three offences was remanded on bail totalling $3OOO, and with a curfew imposed. requiring him to remain at his address between the hours of 8 p.m. and 8 a.m. ~ . The defendant, Richie Stuart Clutterbuck, aged 19, unemployed (Mr K. J. Grave), was convicted yesterday after a defended hearing. of a charge of unlawfully interfering with a car • last February.

He was remanded for sentence on this charge, and on two unrelated charges to which, he had previously pleaded guilty, of assault, and receiving a set of wheels and tyres valued at $754, knowing them to be stolen. Two charges,, threatening to do grievous bodily harm to Linda Jane Sykes and theft of cigarettes and money, were dismissed after Sergeant Dwyer said that summonses had been served on the principal witnesses, Miss Sykes and the other complainant, but they had not attended the court to give evidence. He asked that the charges be dismissed “without prejudice,” so that they could be relaid later. He said the charges were regarded as serious, and there had been a suggestion of intimidation of witnesses.

Bail was fixed at $lOOO in the defendant’s recognissance, with two similar securities.